BOARD DATE:	  28 April 2011

		DOCKET NUMBER:  AR20100025683 


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 of his DD Form 214 (Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM), Meritorious Service Medal (MSM), and Purple Heart.

2.  The applicant states:

* ARCOM orders were never recorded on his DD Form 214
* The MSM shown on his DA Form 137 was never recorded on his DD Form 214
* He sustained shrapnel in his right knee during Operation "TET Offense" as a result of a surprise attack from the enemy in Vietnam   

3.  The applicant provides:

* Two applications
* Orders for the MSM
* DA Form 137 (Installation Clearance Record)
* 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.  He was inducted into the Army of the United States on 13 February 1968.  He arrived in Vietnam on 2 August 1968.  He served as an armor intelligence specialist assigned to Company D, 2nd Battalion, 327th Infantry in Vietnam from 16 August 1968 to 1 August 1969.  On 12 February 1970, he was released from active duty in the rank of sergeant after completing 2 years of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960) and Combat Infantryman Badge as authorized awards.  

4.  Orders, dated 7 April 1969, show he received the ARCOM for meritorious achievement during the period 1 October 1968 to 28 February 1969 in Vietnam.

5.  Orders, dated 31 May 1969, show he received the Bronze Star Medal for meritorious service during the period 1 September 1968 to 30 April 1969 in Vietnam.

6.  There are no orders for the MSM or Purple Heart in the available records.

7.  In support of his claim for the MSM, he provided a DA Form 137 which shows he was recommended for "Meritorious Award" in the remarks section.   

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show entitlement to the MSM or Purple Heart.  

9.  Item 40 (Wounds) of his DA Form 20 is blank.  His name does not appear on the Vietnam casualty roster.  

10.  On 20 January 1970, he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action.  

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the MSM or Purple Heart pertaining to the applicant.

12.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

13.  Records show he participated in four campaigns during his assignment in Vietnam.

14.  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 applicant's unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971

15.  Army Regulation 600-8-22 (Military Awards) states the MSM is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  After 16 January 1969 but prior to 11 September 2001, the MSM was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

16.  Army Regulation 600-8-22 provides, in pertinent part, that 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.





17.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

18.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the ARCOM and Bronze Star Medal.  His DD Form 214 should be corrected to show these medals.

2.  There are no orders for the MSM in the available records and the applicant did not provide any orders for the MSM.  The DA Form 137 provided by the applicant indicates he was recommended for a meritorious award, not the MSM.  Therefore, there is insufficient evidence on which to add the MSM to his DD Form 214.

3.  There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam.  His separation physical examination, dated 20 January 1970, makes no mention of any injuries or wounds sustained as a result of hostile action.  There are no orders for the Purple Heart in the available records.  Regrettably, there is insufficient evidence in which to base award of the Purple Heart in this case.

4.  His DD Form 214 shows the Vietnam Service Medal with two bronze service stars.  However, he participated in four campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.
 
5.  He was released from active duty in the rank of sergeant with 2 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 13 February 1968 through 12 February 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should be corrected to show this award.

6.  His unit was cited for the Republic of Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  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.  awarding him the first award of the Good Conduct Medal for the period 
13 February 1968 through 12 February 1970; 

	b.  deleting the entry "Vietnam Service Medal with Two Bronze Service Stars" from item 24 of his DD Form 214; and 

	c.  adding the Good Conduct Medal, ARCOM, Bronze Star Medal, Vietnam Service Medal with four bronze service stars, Republic of Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214.








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 MSM or 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)                                         AR20100025683





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ABCMR Record of Proceedings (cont)                                         AR20100025683



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