IN THE CASE OF:	  

		BOARD DATE:  19 January 2012

		DOCKET NUMBER:  AR20110014382 


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 Purple Heart and related medals.

2.  The applicant states he was injured in May 1967 by hostile fire around the Cambodian border.  He received shrapnel to his right buttock.  He was treated by a medic.  

3.  The applicant provides 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 was inducted into the Army of the United States on 6 October 1965 and he held military occupational specialty 13A (Field Artillery Basic).  He served in Vietnam from 13 February 1967 to 28 September 1967.  He was assigned to C Battery, 1st Battalion, 92nd Artillery.

3.  He was honorably released from active duty on 29 September 1967.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* One overseas service bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury.

5.  His records do not contain general orders authorizing him award of the Purple Heart and his name is not shown on the Vietnam casualty roster.

6.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

7.  His service medical records are not available for review with this case. 

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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. 

9.  General Orders Number 14, issued by Headquarters, 1st battalion, 92nd Artillery, on 28 August 1967, awarded him the Army Good Conduct Medal (1st Award).



10.  Department of the Army General Orders Number 54, dated 1974, awarded the 1st Battalion, 92nd Artillery the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 August 1965 to 16 April 1971.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for two campaigns during the applicant's service in the Republic of Vietnam as follows:  Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968).  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Army Good Conduct Medal (1st award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he was awarded the Vietnam Service Medal and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to the Vietnam Service Medal and correction of his records as such.

3.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown in his records.  Therefore, he is entitled to correction of his records to show this unit award.

4.  With respect to the Purple Heart:

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty roster and his service medical records are not available for review with this case.  

	c.  Notwithstanding the applicant's contention and sincerity, in the absence of documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.
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 adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two bronze service stars to be affixed to his already-awarded 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 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)                                         AR20110014382



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ABCMR Record of Proceedings (cont)                                         AR20110014382



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