IN THE CASE OF:	  

		BOARD DATE:	    15 December 2011

		DOCKET NUMBER:  AR20110010741 


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 two separate applications, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart.  He also requests replacements of all of the medals to which he is entitled.

2.  The applicant states he received a Purple Heart in 1970, but he lost it along with all of his other medals.

3.  The applicant provides:

* DD Form 214
* Clinical Records
* Report from West Los Angeles Veterans Army Medical Center (LA VAMC).

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 requests replacement of the medals he received while he was in the Army; however the ABCMR does not issue replacement medals.  The applicant is advised that requests for replacement of previously issued medals should be forwarded to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, Missouri 63138.  The NPRC ill verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 (which is available for download at the same website.  At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  All requests must be signed and dated.  No further reference to this request will be made in this ABCMR Record of Proceedings.

3.  He was inducted into the Army on 24 January 1967.  He completed training as an infantry indirect fire crewman.  He was assigned Company A, 1st Battalion, 20th Infantry, 11th Infantry Brigade.

4.  He arrived in Vietnam on 5 December 1967.  He participated in the following five campaigns:

* Vietnamese Counteroffensive Phase III Campaign, which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive Campaign, which extended from 30 January through 1 April 1968
* Vietnamese Counteroffensive Phase IV Campaign, which extended from 2 April through 30 June 1968
* Vietnamese Counteroffensive Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnamese Counteroffensive Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969

5.  On 23 May 1968, the applicant’s mother was notified by Western Union Telefax that the applicant received metal fragment wounds to both legs as a result of hostile action on 18 May 1968.  The telefax states he was treated and hospitalized while he was in Vietnam.

6.  The applicant departed Vietnam en-route to the U.S. on 27 November 1968.  He was released from active duty on 30 November 1968.  The DD Form 214 he received shows the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge (Rifle M-16)
* Army Commendation Medal
* Combat Infantryman Badge
* two Overseas Service Bars

7.  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 United States Army Human Resources Command failed to reveal any orders awarding him the Purple Heart.

8.  The applicant's name is shown on the Vietnam Casualty Listing as a battle casualty.  The date of casualty is shown as 18 May 1968.

9.  There is no information contained in the applicant’s official records which would have disqualified him for award of the Army Good Conduct Medal.  His records show his conduct and efficiency ratings were excellent with some periods of unknown while he was in the Army.

10.  The applicant submits Clinical Record showing he sustained a concussion and hearing loss on 19 May 1968.  The Report from West LA VAMC shows he has a small shrapnel fragment injury to his left hand.  This report is dated 28 September 2010.

11.  Army Regulation 600-8-22 (Military Awards) states:

   a.  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; and

   b.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1969 by Department of the Army General Order Number 2, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been and his official records have been considered and are determined to have merit.

2.  The Western Union Telefax contained in his official military record shows he sustained metal fragment wounds to both legs on 18 May 1968.  The telefax also shows that his wounds were as a result of hostile action and that he was hospitalized and treated while he was in Vietnam.  

3.  Although ADCARS does not contain the orders showing he was awarded the Purple Heart, the Vietnam Casualty Listing shows him as being wounded in action on 18 May 1968.  It is reasonable to presume that he was awarded the Purple Heart for wounds he received as a result of hostile action on that date.  His DD Form 214 should be amended to show this award.

4.  He is also authorized the following awards:

* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one Silver Service Star to be affixed to his already-awarded Vietnam Service Medal

BOARD VOTE:

___X_____  __X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (First Award) for exemplary service from 24 January 1967 through 30 November 1968 and amending his DD Form 214 to show the following awards:

* Purple Heart
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one Silver Service Star to be affixed to his already-awarded Vietnam Service Medal




      __________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)                                         AR20110010741





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ABCMR Record of Proceedings (cont)                                         AR20110010741



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