BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100020735 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and Army Good Conduct Medal.

2.  He also requests award of the Purple Heart and its addition to his DD Form 214.

3.  He states the criteria for issuance of the Republic of Vietnam Gallantry Cross with Palm Unit Citation has changed.  The 1st Cavalry Division was authorized the Meritorious Unit Commendation.  He served with the 1st Cavalry in Vietnam from January 1968 through January 1969.  The standard issue for award of the Army Good Conduct Medal was 3 years of active service and the criteria now states 1 year of active service.  He maintained an excellent performance of conduct during basic and advanced individual training, in Vietnam, and at Fort Carson, CO.  

4.  He also states, in effect, he was injured in Vietnam in 1968 and treated by a battalion medic based at Camp Evans.  He thinks the date was 20 March 1968.  When the bunker he was in began receiving incoming mortar rounds, another Soldier discharged his weapon into the ceiling of the bunker, and he later realized rifle rounds had stuck the pierced steel planking and fragments from one of the planks went into his head.  He reported to the aid station and received treatment.  He was told since his injury resulted from actions related to receiving hostile fire, it would meet the criteria for the Purple Heart.  He did not require any medical follow-up and experienced no complications from this injury.  

5.  He provides:

* DA Form 20 (Enlisted Qualification Record), pages 3 & 4
* DD Form 214
* Information on the Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 on 17 August 1967.  He completed training and was awarded military occupational specialty 13B, Field Artillery Crewman.

3.  He served in Vietnam from 13 January 1968 through 10 January 1969 during five campaigns.  He was assigned to Headquarters and Headquarters Battery, 1st Battalion, 21st Artillery, 1st Cavalry Division.

4.  He was honorably released from active duty in pay grade E- 4 on 2 June 1969, to attend school, and was transferred to the U.S. Army Reserve Control Group.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, and Army Commendation Medal.

6.  Item 38 (Record of Assignment) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings and there is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for award of the Army Good Conduct Medal.  Item 41 (Awards and Decorations) of this form also shows he was awarded the Sharpshooter Marksman Qualification Badge with Rifle Bar.

7.  There are no official orders in his military personnel records authorizing him award of the Purple Heart.  Item 40 (Wounds) of his DA Form 20 does not reflect he was wounded as a result of hostile enemy action and Item 41 of this form does not list the Purple Heart.

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

9.  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 to him.

10.  Army Regulation 672-5-1 (Awards), then in effect, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service 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; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.  The regulation further provides one silver service star will be worn in lieu of five bronze service stars.

12.  Army Regulation 600-8-22 further states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Units 
based in the continental United States are excluded from this award, as are other units outside the area of operations.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.  

13.  Army Regulation 600-8-22 states the Purple Heart is awarded for a 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 medical personnel, and the medical treatment must have been made a matter of official record.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 1st Battalion, 21st Artillery, was cited for the following awards:

* RVN Gallantry Cross with Palm Unit Citation for service from May 9 August 1965-19 May 1969, by Department of the Army General Orders (DAGO) Number 59, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1969-1February 1970, by DAGO Number 42, dated 1972

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show his unit was cited for award of the Meritorious Unit Commendation during his period of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant had "excellent" conduct and efficiency ratings during his period of active service from 1967 to 1969.  He also attained the pay grade of E-4 and served in Vietnam from 13 January 1968 through 10 January 1969.  Based on the foregoing, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 17 August 1967 through 2 June 1969 and correction to his DD Form 214 to show this award.

2.  He participated in five campaigns while serving in Vietnam.  His DD Form 214 lists the Vietnam Service Medal with two bronze service stars for his campaign participation.  Therefore, he is entitled to award of three additional bronze service stars, to equate to one silver service star, to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to show this service star.

3.  The evidence of record also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and this award is not shown on his DD Form 214.  Therefore, he is also entitled to the addition of this award to his DD Form 214.
4.  General orders entitle his unit to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  No evidence shows his unit was entitled to award of the Meritorious Unit Commendation during his period of service.  Therefore, he is not entitled to this unit award and its addition to his DD Form 214.

6.  His claim of entitlement to the Purple Heart and the documentation he submitted 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.

7.  The available evidence is insufficient to show he was wounded or injured as a result of hostile action on 20 March 1968 or during his period of service in Vietnam or received medical treatment.  The evidence contains no orders or other official documents confirming he was wounded or injured as a result of his participation in direct or indirect combat operations while serving in Vietnam.  His name does not appear on the Vietnam casualty roster and there are no entries made on his service personnel records to show he was wounded or injured as a result of hostile action.

8.  Absent corroborating evidence confirming his contention, 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 have the Purple Heart awarded and added to his DD Form 214.

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 the period 17 August 1967 through 2 June 1969;

	b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars;

	c.  adding to Item 24 of his DD Form 214 the Army Good Conduct Medal (1st Award), the Vietnam Service Medal with one silver service star, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and 

	d.  providing him a corrected separation document.

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 Meritorious Unit Commendation and Purple Heart 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)                                         AR20100020735





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ABCMR Record of Proceedings (cont)                                         AR20100020735



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