IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100027199 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and Army Commendation Medal.

2.  The applicant states he was awarded both awards, but they are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

2.  The applicant's records show he was inducted into the Army of the United States on 15 December 1965 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in and completed a combat tour of duty in Vietnam from 22 September 1966 to 26 August 1967.

3.  He was honorably released from active duty on 14 December 1967 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  Item 24 (Decoration, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* one overseas service bar
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun 
Bar (M-60)

4.  His records further show he enlisted in the Regular Army on 18 March 1970 and served through multiple extensions or reenlistments.  He was honorably discharged on 5 December 1983.  His records show he completed several periods of overseas/foreign service as follows:

* Vietnam from 11 January 1971 to 10 January 1972 while assigned to Company C, 31st Engineer Battalion
* Germany from 11 April 1974 to 7 June 1977 while assigned to the 2nd Battalions of the 81st and 37th Armor
* Germany from 7 May 1980 to 3 May 1983 while assigned to 3rd Battalion, 71st Air Defense Artillery

5.  His records show he was issued the following discharge and/or separation documents:

	a.  His DD Form 214 for the period 18 March 1970 through 16 November 1970 shows no awards in item 24.

	b.  His DD Form 214 (Report of Separation from Active Duty) for the period 17 November 1970 through 10 September 1974 shows in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the:
* 
National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Army Good Conduct Medal (2nd Award)
* Army of Occupation Medal
* three overseas service bars

	c.  His DD Form 214 for the period 11 September 1974 through 11 December 1977 shows no awards or decorations in item 26.

	d.  His DD Form 214 for the period 12 December 1977 through 5 December 1983 shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Good Conduct Medal (4th Award)
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Vietnam Campaign Medal with Device (1960)
* Noncommissioned Officer Professional Development Ribbon with Numeral 3
* Army Service Ribbon
* Overseas Service Ribbon
* Vietnam Cross of Gallantry with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  General Orders Number 2107 issued by Headquarters, U.S. Army Engineer Command, Vietnam, dated 18 December 1971, awarded him the Army Commendation Medal for meritorious service from 28 January 1971 to 10 January 1972.

7.  Item 40 (Wounds) of his contemporaneous DA Forms 20 (Enlisted Qualification Record) does not reflect a combat wound or injury and item 41 (Awards and Decorations) of the same forms does not show award of the Purple Heart.

8.  Item 9 (Awards, Decorations and Campaigns) of his subsequent DA Form 2-1 (Personnel Qualification Record) lists his Army Commendation Medal, but not the Purple Heart.

9.  His records do not contain general orders which authorized him award of the Purple Heart and his name is not shown on the Vietnam casualty roster.

10.  His medical records are available; however, nowhere does it show he was wounded or injured in action or treated for such wound or injury.

11.  A review 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 any orders for the Purple Heart.

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

13.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Army Regulation 600-8-22 states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

15.  Appendix B of Army Regulation 600-8-22 shows that during his two periods of service in Vietnam he participated in five campaigns as indicated below.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

* Vietnam Counteroffensive Phase II, 1 July 1966 to 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 to 29 January 1968
* Vietnam Counteroffensive Phase VII, 1 July 1970 to 30 June 1971
* Consolidation I, 1 July 1971 to 30 November 1971
* Consolidation II, 1 December 1971 to 29 March 1972


DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this medal.

2.  The evidence of record shows he was credited with completion of four normal overseas tours before or after 1 August 1981 and he had an Active Army status on or after 1 August 1981.  Therefore, he is entitled to four awards of the Overseas Service Ribbon and correction of his records to show these ribbons.

3.  With respect to the Vietnam Service Medal, the evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns while serving in the Republic of Vietnam; therefore, he is entitled to one silver service star in lieu of the four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record.

5.  His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, his DA Forms 20 and DA Form 2-1 do not indicate any combat wounds, and his medical records are not available for review with this case.

6.  Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, witness statements, and/or official orders to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case.

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 is 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 Vietnam Service Medal with four bronze service stars and the Overseas Service Ribbon from item 13 of his DD Form 214 for the period ending 5 December 1983; and

	b.  adding the Army Commendation Medal, Vietnam Service Medal with one silver service star, and Overseas Service Ribbon (4th Award) to item 13 of his DD Form 214 for the period ending 5 December 1983.

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 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)                                         AR20100027199



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027199



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1