IN THE CASE OF:	  

		BOARD DATE:	  24 January 2011

		DOCKET NUMBER:  AR20100018045 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart, Bronze Star Medal, Air Medal, and Army Good Conduct Medal.  He also requests, in effect, correction to the social security number (SSN) shown on some documents in his records.

2.  He states, in effect, he should have been awarded the Purple Heart for a shrapnel wound to his right hand (wrist); Bronze Star Medal and Army Good Conduct Medal for meritorious service; and Air Medal for 38 air assault, eagle flights, and 68 hours flying time over combat areas.  He also states, in effect, during a reconnaissance mission on 17 February 1968 contact was made with the Viet Cong and NVA (North Vietnamese Army) forces.  They received mortar fire and a piece of shrapnel severed the bone in his right wrist.  On 18 February 1968, the base camp got rocketed and he dove into a bunker, maybe causing more damage to his wrist.  At the Aid Station, he was x-rayed and his hand did not show any shrapnel in it.  The bone was cut right in half on the inside of his wrist; but, he did not know this at the time.  Since this time, the bone has healed inside his wrist.  Today his wrist hurts more than ever and he is afraid he is going to lose his job.  

3.  He also states the SSN shown on the other records he received in March, April, May, and June 1968 is wrong.  He believes there may be a mistake in his records or they just need to be updated.   

4.  He provides:

* pay grade E-5 promotion orders
* assignment orders 
* general orders for the Bronze Star Medal with "V" Device and Army Commendation Medal with "V" Device
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* pictures of a hooch and rice catch, boiling gook skull, and napalming bunker

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show he was inducted into the Army of the United States (AUS) on 4 October 1966 for 2 years.  The DD Form 398 (Statement of Personal History) he completed shows the first three digits of his SSN as "279."  His DA Form 41 (Record of Emergency Data) shows the first three digits of his SSN as "271."  His DD Form 47 (Record of Induction) does not list his SSN.

3.  At the time of his induction, he was assigned and further identified throughout his military service with a service number which began with the prefix "US" used by enlisted drafted personnel of the AUS.  

4.  He completed training and was awarded military occupational specialty 91B, Medical Specialist.  He served in Vietnam from 19 September 1967 through 16 September 1968 during four campaigns.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 28th Infantry, 1st Infantry Division.

5.  Special Orders Number 26 issued by the 1st Infantry Division on 26 January 1968 awarded him the Combat Medical Badge.

6.  He provides Special Orders Number 81, dated 21 March 1968, which show the first three digits of his SSN as "271."  He also provided Unit Orders Number 35, dated 13 April 1968, which shows an entirely different SSN than listed on his DD Form 398 and DA Form 41.  

7.  He also provided General Orders Number 5080, dated 28 May 1968, which show the first three digits of his SSN as "211."  He provided General Orders Number 5080, dated 29 June 1968, which show the first three digits of his SSN as "271."  

8.  He was honorably released from active duty in pay grade E-5 on 19 September 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).

9.  Item 2 (Service Number) of his DD Form 214 shows the service number he served under throughout his period of active duty.  Item 3 (SSN) shows the first three digits of his SSN as "279."  Some documents in his records list his SSN as shown on his DD Form 214.  Some documents show the first three digits as "271" and some documents show an entirely different SSN.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  National Defense Service Medal, Bronze Star Medal with "V" Device, and Army Commendation Medal with "V" Device.  

11.  Item 1 (Name (last, fist, middle initial) and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows the first three digits of his SSN as "271."

12.  His service records contain no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings during his military service.

13.  There is no evidence in his records showing he was wounded or participated in aerial flights during his period of service in Vietnam.  There are no official orders in his military personnel records authorizing him award of the Purple Heart, Air Medal, or a second Bronze Star Medal for meritorious service.

14.  Item 40 (Wounds) of his DA Form 20 does not reflect he was wounded as a result of hostile enemy action and Item 41 (Awards and Decorations) of this form does not list the Purple Heart and Air Medal.  Item 41 also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16).

15.  He further provided a medical record document showing an individual sustained laceration to the left wrist due to shrapnel and was treated on 18 February 1968. The document does not identify him as the individual.

16.  His name is not listed on the Vietnam casualty roster and his medical records are not available for review with this case.

17.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders were published authorizing award of the Purple Heart, Air Medal, or a second Bronze Star Medal for meritorious service.

18.  Army Regulation 600-8-22 (Military Awards), states the Purple Heart is awarded for an injury or wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by military personnel, and the medical treatment must have been made a matter of official record.

19.  Army Regulation 600-8-22 also states the Air Medal was awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  The award was primarily intended for personnel on flying status, but could also be awarded to those personnel whose combat duties required them to fly, for example personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders were required.

20.  Army Regulation 600-8-22 further states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

21.  Army Regulation 600-8-22 also states the Vietnam Service Medal was awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

22.  Army Regulation 600-8-22 further states the Republic of Vietnam Campaign Medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

23.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  

24.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

25.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 1st Battalion, 28th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 12 July 1965 – 16 October 1968, based on Department of the Army General Orders Number 21, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from October 1965 – 7 April 1970, based on Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he served honorably during the period 4 October 1966 through 19 September 1968.  He served in Vietnam, was awarded multiple combat awards, attained the grade of E-5, and he received "excellent" conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

2.  Special orders awarded him the Combat Medical Badge and this award is not shown on his DD Form 214.  Therefore, it would appropriate to add this award to his DD Form 214.

3.  The evidence also shows he met the criteria for award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device 1960 and this award is not shown on his DD Form 214.  Therefore, he is entitled to these awards and their addition to his DD Form 214. 

4.  The evidence of record further confirms he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and he is also entitled to award of four bronze stars to be affixed to the Vietnam Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show these awards.

5.  General orders entitled him to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based upon his assignment with the 1st Battalion, 28th Infantry and service in Vietnam.

6.  The DD Form 398, documents in his record, and his DD Form 214 show the first three digits of his SSN as "279."  Based on the available evidence, it is concluded the first three digits of his SSN are "279."  Therefore, a DD Form 1343 (Notification of Change in Service Member's Official Records) should be prepared to correct all of his records to show the same SSN as shown on his DD Forms 398 and 214.

7.  His contentions for award of the Purple Heart were carefully considered.  By regulation, in order to support award of the Purple Heart there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury must have been treated by medical personnel, and a record of this treatment must have been made a matter of official record.

8.  He provided insufficient evidence to show he was wounded or injured as a result of hostile action during his period of service in Vietnam and he was awarded the Purple Heart.  There are no orders in ADCARS confirming he was awarded the Purple Heart.  His name does not appear on the Vietnam casualty roster.  

9.  Absent corroborating evidence confirming his contention (such as his service medical records, which he should be able to obtain from the Department of Veterans Affairs), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, he is not entitled to award of the Purple Heart and its addition to his DD Form 214.

10.  With respect to the Air Medal and second Bronze Star Medal, pertinent regulations show that formal recommendations, approval through the chain of command, and announcement in orders are required for award of the Air Medal and Bronze Star Medal.  His service records give no indication he was recommended for or awarded the Air Medal or a second Bronze Star Medal.  In view of the circumstances in this case, there is insufficient evidence to award him the Air Medal or a second Bronze Star Medal to have them added to his DD Form 214.

11.  In view of the foregoing, his records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for his honorable period of service from 4 October 1966 through 19 September 1968;

	b.  adding the Army Good Conduct Medal (1st Award), Combat Medical Badge, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to Item 24 of his DD Form 214; 

	c.  providing him a corrected separation document; and 

	d.  providing him a DD Form 1343 correcting all of his records to show the same SSN (with the first three digits as "279") as shown on his DD Forms 398 and 214.
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to award of the Purple Heart, Air Medal, or a second Bronze Star Medal and their addition to his DD Form 214. 



      _______ _   _X______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100018045



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ABCMR Record of Proceedings (cont)                                         AR20100018045



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