IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100023420 


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, in two separate applications, correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Bronze Star Medal.  He also requests any bronze service stars and unit citations he may be entitled to.

2.  The applicant states he was awarded the Purple Heart and Bronze Star Medal when a truck he was in exploded.  The clerk at his unit did not complete the paperwork to get these awards entered on his DD Form 214.

3.  The applicant provides his DD Form 214.

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 enlisted in the Regular Army on 10 July 1969 for a period of
3 years.  He was awarded military occupational specialty 43E (parachute rigger). He served in Vietnam with Company B, 426th Supply and Service Battalion from 6 May 1970 to 9 January 1972.

3.  The applicant received nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) on 18 October 1969 for failing to go at the time prescribed to his appointed place of duty (reveille) on 16 October 1969.  The punishment imposed was a forfeiture and restriction.

4.  General Orders Number 14769, issued by Headquarters, 101st Airborne Division, dated 18 December 1970, awarded him the Army Commendation Medal for meritorious achievement for the period 1 June 1970 to 31 October 1970.

5.  General Orders Number 117, issued by the same headquarters, dated
3 January 1972, awarded him the Army Commendation Medal (First Oak Leaf Cluster), for meritorious service for the period June 1971 to January 1972.

6.  The applicant's record does not contain Bronze Star Medal or Purple Heart orders.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Bronze Star Medal or the Purple Heart.

7.  The applicant's Standard Form 88 (Report of Medical Examination), dated
15 January 1972, shows he was examined for the purpose of separation.  The result of his separation examination does not indicate he was wounded.  The applicant further indicates on this form that since his last physical he has not changed and that he was in good condition.

8.  The applicant's name is not listed on the Vietnam casualty roster.

9.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the Army Good Conduct Medal in his records.

10.  He was honorably released from active duty on 16 January 1972 in the rank/grade of specialist four (SP4)/E-4, which is the highest rank/grade he attained while serving on active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* 
Parachutist Badge
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.

12.  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:

* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

13.  Army Regulation 672-5-1 (Awards), in effect at the time, 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.

14.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) 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.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the:
* 
Meritorious Unit Commendation for the period 1 June 1969 through
31 August 1970 by Department of the Army General Orders (DAG) Number 24, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by DAGO Number 6, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Bronze Star Medal or any indication that he was recommended for that award.  Therefore, he is not entitled to the Bronze Star Medal or correction of his DD Form 214 to show this award.

2.  There are no orders awarding the applicant the Purple Heart, there is nothing on his DA Form 20 indicating he was wounded as a result of hostile action or awarded the Purple Heart, his separation physical examination does not mention a wound, and his name is not listed on the Vietnam casualty roster.  As such, there is insufficient evidence in which to award him the Purple Heart.  Therefore, there is no basis for granting this portion of his request.

3.  General orders awarded the applicant two awards of the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show these two awards.

4.  Although he had a minor offense early in his active service that led to an Article 15, his record shows he received "excellent" conduct and efficiency ratings throughout his service, he received two personal decorations, he attained the rank/grade of SP4/E-4, and there is no evidence of a commander's disqualification for the Army Good Conduct Medal.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

5.  He participated in four campaign phases in Vietnam during his service.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

6.  He served during a qualifying period in Vietnam for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this foreign award.

7.  The applicant's unit in Vietnam was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected to show these unit awards.
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;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
10 July 1969 through 16 January 1972; and

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

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 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 correcting his DD Form 214 to show award of the Bronze Star Medal or 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)                                         AR20100023420



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ABCMR Record of Proceedings (cont)                                         AR20100023420



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