IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100019742 


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 he be issued a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) to show award of the Purple Heart (PH), Army Commendation Medal (ARCOM), Armed Forces Expeditionary Medal (AFEM) and two Air Medals (AM).  He also requests that he be issued a DD Form 215 (Correction to DD Form 214) to show all of the awards that he is entitled to receive.

2.  He states he believes an administrative error occurred at the time of his discharge.  He was blind at time of his discharge and he was not able to verify the information contained on his DD Form 214. 

3.  He provided copies of:

* An AM award certificate
* A PH award certificate
* An ARCOM award certificate
* A certified DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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.  His records show he was inducted into the Army of the United States on 
16 August 1966.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments) he was assigned to:

* Company D, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile) from 20 February to 1 November 1967
* Medical Holding Company, Walter Reed General Hospital from 
	2 November 1967 to 7 April 1968
   
* Item 40 (Wounds) he received a gunshot wound to his head on 
	23 October 1967

* Item 41 (Awards and Decorations) he was awarded the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* One Overseas Service Bar

4.  His military personnel record contains a copy of General Orders (GO) Number 6366, 1st Cavalry Division (Airmobile), dated 18 October 1967.  These orders show he was awarded the AM for meritorious achievement while participating in aerial flight in Vietnam from February to October 1967.

5.  His record contains a copy of a Standard Form (SF) 502 (Clinical Record – Narrative Summary), dated 2 November 1967.  This document shows he was wounded as a result of hostile action on 23 October 1967.  He was struck in the head with a bullet that left him totally blind.


6.  His name does appear on the Vietnam Casualty Roster as having been wounded as a result of hostile action on 23 October 1967.  This entry also shows he was hospitalized as a result of his wound. 

7.  He provided a copy of an award certificate for the PH.  This document shows he was awarded the PH on 4 December 1967 by the Commanding General of Walter Reed General Hospital for injuries received on 23 October 1967.

8.  His military personnel record contains a copy of GO Number 7337, 1st Cavalry Division (Airmobile), dated 12 December 1967.  These orders show he was awarded the ARCOM for meritorious service in Vietnam from February 1967 to February 1968.

9.  His records are void of any documentation showing he was initially awarded the AFEM.

10.  His DD Form 214 shows he was honorably retired by reason of physical disability on 8 April 1968.  He served a total of 1 year, 7 months, and 23 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* CIB

11.  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 United States Army Human Resources Command, failed to reveal any orders awarding him the PH or the AFEM. 

12.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

13.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent” conduct and efficiency ratings throughout his military career, and his record is void of any derogatory information that could serve to disqualify him for this award.

14.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows during the period of his assignment with Company D, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, his unit was awarded the:

* Valorous Unit Award (VUA) by Department of the Army General Orders Number 39, dated 1970 
* RVN Gallantry Cross with Palm Unit Citation by Department of the Army, General Orders Number 59, dated 1970
* Two awards of the Meritorious Unit Commendation (MUC) by Department of the Army General Orders Number 10, dated 1968 and Department of the Army General Orders Number 37, dated 1970, respectively 

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)

17.  United States Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.




18.  Army Regulation 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.  There is no statute of limitations governing requests for award of the PH.

19.  Army Regulation 600-8-22 states the AFEM is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It states individuals qualified for the AFEM for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.  Upon request, the VSM may be awarded in lieu of the AFEM, but the regulation requires that the AFEM be removed from the records of the individual.  No person will be entitled to both awards for Vietnam service.

DISCUSSION AND CONCLUSIONS:

1.  His request to be issued a DD Form 215 to show award of the PH, ARCOM, AFEM, AMs (two awards), and all other awards he is entitled to receive was carefully considered. 

2.  The evidence of record shows he sustained a gunshot wound to his head on 23 October 1967, as a result of hostile action.  His wounds required treatment, he was hospitalized, and the medical treatment was made a matter of official record.  As a result, he is entitled to correction of his record to add the PH. 

3.  His military personnel record contained copies of GOs awarding him the ARCOM.  He contends he was awarded two AMs; however, the evidence of record only shows one award of the AM, which covered his entire period of service in Vietnam.  Therefore, he is entitled to correction of his records to add the ARCOM and one award of the AM. 

4.  The evidence of record confirms he served honorably from 16 August 1966 through 8 April 1968.  He received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

5.  During his assignment in Vietnam, his unit was awarded two MUCs, the VUA, and RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to add these unit awards.

6.  He was previously awarded the VSM.  His records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to award of two bronze service stars for wear on his already-awarded VSM.

7.  He requested award of the AFEM; however, he did not serve in Vietnam during a period the AFEM was authorized for award.  As a result, he is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 him the PH for wounds received on 23 October 1967, and the AGCM (First Award) for the period 16 August 1966 through 8 April 1968;

b.  deleting the VSM from his DD Form 214; 

c.  adding the following awards to his DD Form 214; 

* PH
* AGCM (First Award)
* ARCOM
* AM
* MUC (Two Awards)
* VUA
* RVN Gallantry Cross with Palm Unit Citation 
* VSM with two bronze service stars

d.  providing him a DD Form 215 to show the above corrections.


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 the AFEM and the second award of the AM.  




      _______ _   _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)                                         AR20100019742



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ABCMR Record of Proceedings (cont)                                         AR20100019742



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