IN THE CASE OF:	  

		BOARD DATE:	    29 March 2011

		DOCKET NUMBER:  AR20100022415 


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.  He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Army Good Conduct Medal (AGCM), bronze service stars for his Vietnam Service Medal, and his dates of service in Vietnam.

2.  The applicant states that he injured his ankle/foot during incoming fire.  He desires his records be accurate because he is applying for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides:

* a copy of his DD Form 214
* a copy of orders awarding him the AGCM
* an internet page explaining bronze service stars
* pictures of an individual with an left injured leg

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 requested that his dates of service in Vietnam be added to his DD Form 214.  Item 30 (Remarks) of his DD Form 214 currently shows the entry "RVN  4 Jul 69 - 11 Aug 70" which properly reflects his service in the Republic of Vietnam.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant was inducted into the Army of the United States in Chicago, IL on 6 January 1969.  He completed his basic and advanced individual training as a personnel accounting specialist at Fort Leonard Wood, MO before being transferred to Hawaii on 6 June 1969.

4.  On 4 July 1969 he was transferred to Vietnam for assignment to the U.S. Army (USA) Data Service Center - Vietnam for duty as a personnel accounting specialist.  He was advanced to the rank/grade of specialist four (SP4)/E-4 on
14 November 1969.

5.  On 24 July 1970 he was awarded the AGCM in General Orders Number 141, issued by Headquarters, USA Special Troops.

6.  The applicant departed Vietnam on 11 August 1970 and he was transferred to Oakland Army Base, CA where he was honorably released from active duty (REFRAD) on 11 August 1070 as an overseas returnee.  He had served 1 year, 7 months, and 6 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time of his REFRAD shows the National Defense Service Medal, Vietnam Service Medal (VSM), and the Vietnam Campaign Medal.

7.  A review of the applicant’s official records failed to show any indication that he was wounded in action in Vietnam or that he received treatment for any such wounds or injuries.  Additionally, his name is not contained on the Vietnam casualty listing.


8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart 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 by medical personnel, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  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 four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit was cited for award of the Meritorious Unit Commendation for the period 1 August 1968 through 30 April 1972 by Department of the Army General Orders (DAGO) Number 5, dated 1973.

11.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was injured as a result of enemy action in Vietnam is not in doubt, he has failed to sufficiently show through the evidence of record and the evidence submitted with his application, that such was the case and that treatment was made a matter or record.  Therefore, there is no basis for granting this portion of the applicant's request.


2.  General orders awarded him the AGCM for the period 6 January 1969 through 11 August 1970, his date of separation.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

4.  The applicant’s unit was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units in Vietnam during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal, and

	b.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


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.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20100022415



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022415



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1