BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110005723 


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 in three separate applications that his awards of the Bronze Star Medal with one oak leaf cluster (BSM w/1OLC), the Good Conduct Medal (AGCM), and the Purple Heart be added to his DD Form 214.

2.  The applicant states, in effect, that he was injured on 28 April 1968 during the action for which he was awarded the Bronze Star Medal with “V” Device and was treated in the field and released.  However, his records do not reflect an award of the Purple Heart and he does not have any proof of his claim.  He also states that his awards of the BSM w/1OLC and the AGCM are also not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provides copies of orders awarding him the BSM w/“V” Device and 1OLC.

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 enlisted in the Regular Army on 20 September 1965 for a period of 3 years.  He completed his one-station unit training (OSUT) as an infantryman at Fort Polk, Louisiana and was subsequently transferred to Fort Belvoir, Virginia to attend Engineer Officer Candidate School (OCS). 

3.  On 9 November 1966 he was honorably discharged to accept a commission as an officer in the Army.  He had served 1 year, 1 month, and 20 days of active service and General Orders Number 69 dated 7 November 1966 awarded him the AGCM (First Award) for the period 20 September 1965 to 9 November 1966.

4.  On 10 November 1966 he accepted a U.S. Army Reserve (USAR) commission as an Engineer Corps second lieutenant with a concurrent call to active duty and was transferred to Fort Leonard Wood, Missouri for his first duty assignment.

5.  He was transferred to Vietnam on 30 October 1967 and was assigned to Company B, 39th Engineer Battalion which was redesignated on 20 December 1967 to Company D, 26th Engineer Battalion.

6.  On 25 August 1968 he was awarded the BSM w/ “V” Device for the period     of 28 – 30 April 1968.  The citation does not indicate he was wounded.  On         5 November 1968 he was awarded the BSM 1OLC for meritorious service during the period of October 1967 to October 1968.

7.  After serving in four campaigns, he departed Vietnam on 29 October 1968 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) and was transferred to the USAR Control Group (Reinforcement).  He had served a total of 3 years, 1 month, and 11 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal (VSM), the BSM w/“V” Device, and the Vietnam Cross of Gallantry with Gold Star.

8.  A review of the available records as well as the Vietnam Casualty Listing failed to show any evidence to show that the applicant was wounded as a result of enemy action and that  the treatment was made a matter of record.

9.  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 award of the Purple Heart.

10.  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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the FSM's unit was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the Purple Heart should be reflected on his DD Form 214 has been noted.  While the sincerity of his claim is not in doubt, there simply is no evidence in the available records and the applicant has submitted no evidence to show that he was wounded as a result of enemy action and that treatment was made a matter of record.  Therefore, there appears to be no basis to add the Purple Heart to his DD Form 214 at this time. 

2.  However, his contention that his awards of the BSM 1OLC and the AGCM should be added to his records has been noted and found to have merit.  The applicant was awarded those awards and is entitled to have them added to his DD Form 214 at this time.

3.  Additionally, his unit was awarded the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and he served in four campaigns.  Accordingly, he is entitled to wear four bronze service stars on his already-awarded VSM.

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:

* Deleting the award of the VSM from his DD Form 214
* Adding the award of the VSM w/ four bronze service stars to his DD Form 214
* Deleting the award of the BSM w/“V” Device” from his DD Form 214
* Adding the award of the BSM w/“V” Device and 1OLC to his DD Form 214
* Adding the award of the AGCM to his DD Form 214
* Adding the awards of the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 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 adding the award of the Purple Heart to his DD Form 214. 

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.
 



      _______ _ 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)                                         AR20110005723





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ABCMR Record of Proceedings (cont)                                         AR20110005723



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