IN THE CASE OF:	

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110010909


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 Army Good Conduct Medal (AGCM) and the Purple Heart, and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he served in the U.S. Army for three years and three days to qualify for the AGCM.  He states he served at Firebase Phu Loi during the Tet Offensive in 1968 and his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He concludes by stating he was injured during a mortar attack and his treatment was documented while he was in Vietnam.

3.  The applicant provides no additional evidence in support of his request.

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 was inducted into the Army of the United States on 16 March 1966.  On 22 March 1996, he was honorably discharged for the purpose of immediate enlistment in the Regular Army.  On 23 March 1966, he enlisted in the RA.  He completed training and was awarded military occupational specialty 45G (Turret Artillery Repairman).

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 1 September 1967 to on or about  31 August 1968.  During this time he was assigned to the 590th Maintenance Company (Direct Support), from on or about 1 September 1967 to on or about    4 January 1968, and to the 61st Heavy Maintenance Company, from on or about 5 January 1968 to on or about 31 August 1968.

4.  On 21 March 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed    3 years and 3 days of total active service, including 1 year of foreign service.  
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not indicate he was previously awarded the AGCM, the Purple Heart, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any convictions by court-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ), or a commander's disqualification that would have precluded him from receiving the first award of the AGCM.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  There must have been no convictions by a court-martial.

7.  Item 40 (Wounds) of his DA Form 20 is blank, indicating he did not sustain any wounds during his military service.

8.  His available record does not contain orders for the Purple Heart, nor does his name appear on the Vietnam casualty roster.  Additionally, his record does not contain any medical documentation pertaining to the treatment of any wounds or injuries he sustained during his service in Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.  

10.  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 590th Maintenance Company, 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 8 February 1962 through 28 March 1973 by Department of the Army General Order Number 8, dated 1974.

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

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It 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, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested the AGCM, for service on active duty between        16 March 1966 and 21 March 1969.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service, and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service.  Additionally, there is no evidence of a commander's disqualification statement pertaining to his first award of the AGCM; therefore, he should be awarded the AGCM (1st Award), for the period 16 March 1966 through 15 March 1969, and his DD Form 214 should be corrected to show this award.

2.  The applicant requested the Purple Heart.  Neither his available records, nor the Vietnam casualty roster, provide any evidence he was wounded in Vietnam, that those wounds were the result of hostile action that required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.  Absent such evidence, there is an insufficient basis to grant this portion of the requested relief.

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

4.  He participated in four campaign phases during his service in Vietnam; therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

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. awarding him the Army Good Conduct Medal (1st Award) for the period  16 March 1966 through 15 March 1969; and

b. amending item 24 of his DD Form 214 to add the:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 4 bronze service stars to his Vietnam Service Medal

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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110010909



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