IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110005256 


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

2.  He states that his DD Form 214 does not show the Purple Heart or BSM.

3.  He provides no additional documents.

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 records show he was inducted into the Army of the U.S. on 13 May 1963 and served until he was discharged for the purpose of immediate reenlistment on 31 August 1964.  He enlisted in the Regular Army on 1 September 1964.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) - he served in:

		(1)  Germany from 7 October 1963 to 7 June 1965;

		(2)  Thailand from 27 October 1966 to 30 October 1967; and

		(3)  Republic of Vietnam (RVN) from 24 September 1969 to 13 May 1970; 

	b.  Item 38 - (Record of Assignments) - he was assigned to the Headquarters and Main Support Company, 7th Maintenance Battalion, Thailand from 22 October 1966 to 26 September 1967 and the 820th Signal Detachment from 27 September to 23 October 1967; 

	c.  Item 38 – he was assigned to the 128th Signal Company, RVN from 
30 September 1969 to 27 May 1970;

	d.  Item 40 (Wounds) does not list any wounds; and 

e.  Item 41 (Awards and Decorations) shows the National Defense Service
Medal (NDSM), Good Conduct Medal (GCM) (1st award), Vietnam Service Medal (VSM), RVN Campaign Medal (RVNCM) with "1960" Device, one Overseas Service Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  His record contains the following orders:

	a.  General Orders Number 78, issued by Headquarters, 9th Logistical Command, dated 9 December 1996, show award of the GCM (1st award) for the period 13 May 1963 to 12 May 1966; and 

	b.  General Orders Number 50, Headquarters, The Students Brigade, USAIS, dated 22 August 1969, show award of the GCM (1st award) for the period 13 May 1966 to 12  May 1969.

5.  He submitted General Orders Number 426, issued by Headquarters, U.S. Army Support Command, Cam Ranh Bay, dated 29 May 1970, which show he was awarded the BSM for meritorious achievement for the period 24 September 1969 to 31 May 1970.

6.  He was honorably released from active duty on 31 May 1970 for the purpose of attending school.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the NDSM, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), two Overseas Service Bars, VSM, RVNCM, and GCM (1st award).

8.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders on file for the applicant awarding him the BSM or Purple Heart.

9.  There are no orders in the applicant's records that show he was awarded the Purple Heart and his name is not listed on the Vietnam casualty roster.  

10.  There are also no medical records in his Official Military Personnel File that show he was wounded due to hostile action in the RVN.

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

12.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army GCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

14.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  It states, in pertinent part, 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 the RVN, the applicant participated in the following three campaigns:
	
* Vietnam Summer - Fall, 1969 (9 June to 31 October 1969)
* Vietnam Winter - Spring, 1969 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the Headquarters, U.S. Army Vietnam and its subordinate units were cited for award of the RVN Gallantry Cross with Palm Unit Citation for action during the period 20 July 1965 to 28 March 1973, by Department of the Army General Order (DAGO) Number 8, dated 1974. 

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the BSM for meritorious achievement while assigned to the RVN.  Therefore, he is entitled to have his DD Form 214 corrected to show award of the BSM.

2.  The regulation governing award of Purple Heart indicates the wound for which the award is being made must have been 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.  

3.  Regrettably, there is no evidence in the applicant's record and he provided none to show he was wounded as a result of hostile action and he meets the above criteria.  Therefore, there is insufficient evidence on which to base award of the Purple Heart.

4.  Orders show he was awarded two GCMs during his period of active duty service. However, the orders for the second GCM erroneously indicate it was his first award.  Therefore, he is entitled to have his DD Form 214 administratively corrected to show the 2nd award of the GCM.

5.  Records show the applicant participated in three campaigns during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be worn on his already-awarded VSM.

6.  General orders also show the unit to which the applicant was assigned was awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 Good Conduct Medal and Vietnam Service Medal from his DD  Form 214; and 

   b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Good Conduct Medal (2nd award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with three bronze service stars.

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 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)                                         AR20110005256



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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