BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100020558 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Purple Heart
* Combat Infantryman Badge
* Army Commendation Medal 
* Army Good Conduct Medal
* All other awards he earned

2.  The applicant states he was an infantryman, he was wounded, and he received commendations.

3.  The applicant provides his DD Form 214 and a photograph.

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 records show he was inducted into the Army of the United States on 27 December 1965.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His records show he served in the Republic of Vietnam from on or about 1 December 1966 to 25 November 1967.  He was assigned to Company E, 3rd Battalion, 60th Infantry.

4.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 27 November 1967 and he was transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries.  Item 41 (Awards and Decorations) of this form does not list the Purple Heart.

7.  His name is not listed on the Vietnam casualty roster.

8.  There are no general orders in his records that show he was awarded the Purple Heart.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, does not contain Purple Heart.

10.  His official medical records are not available for review with this case.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
12.  Headquarters, 9th Infantry Division, General Orders Number 7310, dated 14 December 1967, awarded him the Army Commendation Medal for meritorious service in connection of military operations in Vietnam from December 1966 to October 1967.

13.  Headquarters, 9th Infantry Division, Special Orders Number 49, dated 18 February 1967, awarded him the Combat Infantryman Badge.

14.  Headquarters, 9th Infantry Division, Fort Riley, KS, Special Orders Number 211, dated 25 October 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

15.  Headquarters, 2nd Armored Division, Fort Hood, TX, Special Orders Number 62, dated 3 March 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

16.  A review of his service record shows he received nonjudicial punishment (NJP) on 8 June 1967 for excessive speed.  Aside from this NJP, his records contain no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service. 

17.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* Each 3 years completed on or after 27 August 1940
* For first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946
* For first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year
* For first award only, upon termination of service, on or after 27 June 1950, of less than 1 year when final separation was by reason of physical disability incurred in line of duty
* For first award only, for those individuals who died before completing 
1 year of active Federal service if the death occurred in the line of duty

18.  Headquarters, Department of the Army General Orders (DAGO) Number 31, dated 1969, awarded the 3rd Battalion, 60th Infantry the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 December 1966 to 30 June 1968, and DAGO Number 42, dated 1972, awarded this unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969.

19.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in two campaigns during his tour of duty in the Republic of Vietnam as follows:  the Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) and Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show award of the Purple Heart, Combat Infantryman Badge, Army Commendation Medal, Army Good Conduct Medal, and all other awards he earned.

2.  General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Special orders awarded him the Combat Infantryman Badge and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  The evidence of record confirms he served honorably during the period 27 December 1965 through 27 November 1967.  He served in Vietnam, was awarded multiple combat awards, attained the rank/grade of SP4/E-4, and he received "excellent" conduct and efficiency ratings throughout his military service. Aside from a minor instance of NJP, his file contains no information that would have disqualified him for the Army Good Conduct Medal; therefore, 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 DD Form 214 to show this award.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit; therefore, he is entitled to correction of his records to show these unit awards.

6.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  With respect to the Purple Heart, the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

8.  In this case, the applicant's record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, his DA Form 20 does not show any combat wounds, and his medical records are not available for review.  Notwithstanding his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 27 December 1965 through 27 November 1967; and

	b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal 
(1st Award), Army Commendation Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 Purple Heart.



      _______ _  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)                                         AR20100020558



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ABCMR Record of Proceedings (cont)                                         AR20100020558



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