BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100025431 


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 that his award of the Purple Heart and the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he desires that the Purple Heart and BSM be added to his DD Form 214. 

3.  The applicant provides no additional documents with his application.

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 Atlanta, Georgia on 28 May 1968 for a period of 3 years.  He completed basic training at Fort Polk, Louisiana and advanced individual training as a light weapons infantryman at Fort Dix, New Jersey before being transferred to Germany for duty as a security guard in an ordnance company.  He was advanced to the pay grade of E-4 on 11 December 1969.

3.  On 6 September 1970, he departed Germany for assignment to Vietnam.  He arrived in Vietnam on 20 October 1970 and was assigned to Company C, 2d Battalion, 506th Infantry Regiment for duty as a rifleman.

4.  On 12 March 1971, General Orders Number 2142 issued by Headquarters, 101st Airborne Division awarded the applicant the BSM for meritorious service during the period of May 1970 to March 1971.

5.  He served in one campaign before he departed Vietnam on 20 May 1971; he was transferred to Fort Lewis, Washington where he was honorably released from active duty on 21 May 1971 as an overseas returnee.  He had served 2 years, 11 months, and 24 days of total active service and his DD Form 214 shows he was awarded the National Defense Service Medal and the Vietnam Service Medal (VSM).

6.  A review of the applicant’s records failed to show any evidence of the applicant being wounded as a result of enemy action or being awarded the Purple Heart.

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 PH.

8.  The applicant’s official records show he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

9.  Army Regulation 600-8-22 (Military Awards) provides that the PH 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.


10.  Army Regulation 672-5-1 (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 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.  

11.  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.

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 any evidence and he has not provided sufficient evidence to support his claim.  Therefore, 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 this award to his DD Form 214 at this time.

2.  However, the evidence of record does show he was awarded the Bronze Star Medal and that he is entitled to wear one bronze service star on his VSM.  Accordingly, these awards should be added to his DD Form 214 at this time. 

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 AGCM (1st Award).  Accordingly, he should be awarded the AGCM (1st Award) for the period 28 May 1968 to 22 May 1971 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, this award should be added to his DD Form 214 at this time.


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 the VSM from his DD Form 214;

   b.  Awarding him the AGCM for the period 28 May 1968 to 22 May 1971; and

	c.  Adding the following awards to his DD Form 214:

* VSM with one bronze service star
*  BSM
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* AGCM 

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 adding the Purple Heart 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)                                         AR20100025431



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ABCMR Record of Proceedings (cont)                                         AR20100025431



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