IN THE CASE OF:	  

		BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110002654 


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 award of the Purple Heart (PH), two awards of the Bronze Star Medal (BSM), and all other awards to which he may be entitled.

2.  The applicant states:

	a.  he was hospitalized while in Vietnam;

	b.  his processing was interrupted when he extended his tour of duty in Vietnam; and

   c.  record maintenance was disorganized at the time of his discharge.

3.  The applicant provides no additional evidence.

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's record shows he was inducted into the Army of the United States and entered active duty on 13 June 1969.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 16 November 1969 to 16 December 1970, while assigned with 3rd Battalion, 506th Infantry Regiment.

3.  Item 38 of the DA Form 20 also shows his receipt of "excellent" conduct and efficiency ratings at each of his active duty assignments.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

4.  Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) includes the Expert Marksmanship Qualification Badge M-60 Machine Gun and Grenade Bars.

5.  Headquarters, 101st Airborne Division (Airmobile) published orders on the dates indicated announcing the applicant's award of the following:

* General Orders # 5148 dated 7 May 1970 - (Army Commendation Medal (ARCOM))
* General Orders # 12200 dated 1 October 1970 - (BSM)
* General Orders # 13453 dated 7 November 1970 - (BSM)
* General Orders # 13930 dated 22 November 1970 - (AM)

6.  His OMPF is void of any orders or other documents that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty.  It is also void any medical evidence to show he was ever treated for a combat related wound.

7.  On 18 December 1970, the applicant was honorably released from active duty after completing 1 year, 6 months, and 6 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 contains the following list of awards the applicant earned during his tenure on active duty:

* Bronze Star Medal
* Vietnam Service Medal
* National Defense Service Medal
* RVN Campaign Medal with Device 1960
* Combat Infantryman Badge
* 2 Overseas Service Bars
* Expert Marksmanship Qualification Badge with M-16 Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar

8.  During the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam casualty roster.  There is no entry pertaining to the applicant in this list of RVN casualties.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

10.  Paragraph 2-13 contains guidance on the VSM and states that a bronze service star is authorized with this award for participation in each Vietnam campaign a member is credited with.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following campaigns:

* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

11.  Army Regulation 672-5-1 (Awards) 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.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (3rd Battalion, 506th Infantry Regiment) earned the RVN Civil Actions Honor Medal First Class Unit Citation.  

13.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should reflect the PH, two BSM awards, and all awards to which he is entitled.

2.  The evidence of record confirms the applicant was awarded the ARCOM, two BSMs, and the AM and each of these awards was announced in official orders.  His DA Form 20 also shows he qualified "expert" with the M-60 machine gun and grenade.  These awards and badges are not listed on his DD Form 214 and should be added at this time.

3.  The evidence of record confirms the applicant received no less than “excellent” conduct and efficiency ratings at each of his active duty assignments as evidenced by his DA Form 20.  In addition, his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 13 June 1969 through 18 December 1970 and to add this award to his record and DD Form 214 at this time.

4  In addition, based on his service and campaign participation in the RVN, he is also entitled to the 3 bronze service stars with his already-awarded VSM, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation and none of these awards are currently listed on his 
DD Form 214.  Accordingly, it would be appropriate to add all of these awards to his DD Form 214.

5.  In his claim, the applicant solely based his claim to the PH on being hospitalized while in Vietnam.  He does not indicate the circumstances surrounding his hospitalization or state where, how, or if he was ever wounded as a result of enemy action.  In addition, his OMPF does not include any medical evidence to show he was ever treated for a combat related wound.

6.  Item 40 of his DA Form 20 is blank and item 41 does not mention the PH.  Further, there are no orders or other documents in his record indicating he was awarded the PH by proper authority or that he had ever pursued award of the PH while on active duty.

7.  Finally, the applicant's name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  Absent any evidence submitted to corroborate that he was wounded as a result of enemy action and that he was treated for a combat-related wound by military medical personnel while serving in the RVN is insufficient and the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

8.  The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 Army Good Conduct Medal for his qualifying period of honorable service form 13 June 1969 to 18 December 1970;
   
   b.  amending item 24 of his DD Form 214 by deleting the current entry and replacing it with the following list of awards:
   
* Bronze Star Medal (2nd Award)
* Army Commendation Medal
* Air Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with M-16 Rifle, M-60 Machine Gun, and Grenade Bars
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar
* 2 Overseas Service Bars

c.  issuing a correction to the DD Form 214 to reflect these changes.

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 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)                                         AR20110002654





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ABCMR Record of Proceedings (cont)                                         AR20110002654



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