IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110002689 


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 the Army Commendation Medal.

2.  The applicant states he was awarded the Purple Heart and the Army Commendation Medal after he was discharged and the medals were sent to him at home.

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's record shows he enlisted in the Regular Army 16 September 1969.  He completed training and was awarded military occupational specialty 72B (Communications Center Specialist).

3.  His record shows he served in the Republic of Vietnam (RVN) from 3 April 1970 to 8 March 1971.  During his service in RVN he was assigned to the following units:

	a.  Nha Trang Signal Support Detachment, 459th Signal Battalion, 3 April 1970 - 25 September 1970; and

	b.  Nha Trang Signal Support Detachment, 459th Signal Battalion, attached to the 54th Signal Battalion, 26 September 1970 - 8 March 1971.

4.  His DA Form 20 (Enlisted Qualification Record) shows he was absent without leave for 24 days, for the period 23 April 1971 to 16 May 1971.  

5.  General Orders Number 1214, Headquarters, 1st Signal Brigade (U.S. Army Strategic Command), dated 25 May 1971, awarded him the Army Commendation Medal for meritorious service while assigned to the RVN during the period 
27 March 1970 to 23 April 1971.

6.  On 12 October 1971, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he completed 2 years and 3 days of total active service, including 11 months and 17 days of foreign service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with M14 and M16 Rifle bars
* Overseas Service Bar (2)

8.  His available records do not contain orders showing he was awarded the Purple Heart.  

9.  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 U.S. Army Human Resources Command, failed to reveal Purple Heart orders pertaining to the applicant.

10.  His service medical records are not available.  His name does not appear on the Vietnam casualty list.

11.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

12.  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 54th Signal Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
1 August 1965 to 16 April 1971, by Department of the Army General Order Number 54, dated 1974.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971)

14.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under hostile action.  A physical lesion is not required; however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Purple Heart and the Army Commendation Medal.

2.  General orders awarded him the Army Commendation Medal.  Therefore, he is entitled to have this award added to his DD Form 214.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The available records show he was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars with his previously-awarded Vietnam Service Medal.

5.  There is no evidence showing he was awarded the Purple Heart.

6.  In view of the foregoing, his request to add the Army Commendation Medal to his DD Form 214 should be granted.

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 amending his DD Form 214 by:

	a.  deleting the Vietnam Service Medal; and

	b.  adding the Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with three bronze service stars.



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)                                         AR20110002689





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ABCMR Record of Proceedings (cont)                                         AR20110002689



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