BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024578 


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 his award of the Purple Heart and all of his authorized awards be entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his DD Form 214 does not show his award of the Purple Heart and his other awards.

3.  The applicant provides a copy of 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 in Chicago, Illinois, on 13 March 1967 for a period of 3 years under the airborne enlistment option.  He completed basic training at Fort Knox, Kentucky; advanced individual training as a cannoneer at Fort Sill, Oklahoma; and airborne training at Fort Benning, Georgia; before being transferred to Fort Bragg, North Carolina.

3.  On 15 February 1968, he was transferred to Vietnam for assignment to Battery A, 2d Battalion, 21st Artillery Regiment.  He was advanced to pay grade E-4 on 1 July 1968.  He participated in three campaigns and he departed Vietnam on ordinary leave on 29 July 1968.  While on leave his mother suffered a heart attack and the applicant remained on leave and subsequently was attached to Fort Sheridan, Illinois, for the purpose of requesting a hardship discharge.

4.  His request was approved and he was honorably released from active duty on temporary records on 10 October 1968.  He completed 1 year, 6 months, and 26 days of total active service and his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), and Vietnam Campaign Medal.

5.  A review of his records shows he was awarded the Parachutist Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His records also show he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  The applicant's records show no indication he was wounded as a result of enemy action or that he was awarded the Purple Heart.  His records do show he was assigned to Japan as a patient in the 249th General Hospital from 19 May to 7 June 1968; however, it does not indicate the reason for his hospitalization.

7.  The applicant's name is not contained on the Vietnam casualty listing and a search 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 orders awarding the applicant the Purple Heart.

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

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.

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 Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Valorous Unit Award (VUA).

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was awarded the Purple Heart is not in doubt, the applicant's records do not contain and he has not provided sufficient evidence to support his claim.  In the absence of orders or other sufficient evidence to show he is entitled to award of the Purple Heart, there appears to be no basis to add that award to his records at this time.

2.  However, the evidence of record does show he was awarded the Parachutist Badge and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Accordingly, those awards should be added to his records.

3.  A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 13 March 1967 to 10 October 1968 and his DD Form 214 should be corrected to show this award.

4.  Additionally, the evidence of record shows the applicant's unit was awarded the VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, those awards should be added to his records at this time.

5.  The applicant served in Vietnam from 2 September 1971 to 3 June 1972 and participated in three campaigns.  Accordingly, he is entitled to three bronze service stars for wear on his already-awarded VSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x__  ____x___  _____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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:

* awarding him the AGCM (1st Award) for the period 13 March 1967 to 10 October 1968 while serving in pay grade E-4
* deleting the VSM from his DD Form 214
* adding the AGCM, VSM with three bronze service stars, Parachutist Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board further determined 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 adding the Purple Heart to his records and 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)                                         AR20100024578



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ABCMR Record of Proceedings (cont)                                         AR20100024578



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