IN THE CASE OF:	  

		BOARD DATE:	  26 January 2012

		DOCKET NUMBER:  AR20110014944 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Bronze Star Medal with “V” Device and the Purple Heart.  He also requests replacement medals.

2.  The applicant states he did not receive the requested medals or the documents pertaining to the medals and he would like the Purple Heart for his grandchildren.

3.  The applicant provides:

* Military Order of the Purple Heart letter, dated 22 June 2011
* Self-Authored letter, dated 24 July 1981
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* General Orders Number 2986, dated 7 July 1970
* Veterans Administration (VA) letter, dated 5 January 1971
* Clinical Orthopaedics and Related Research letter, dated 8 July 2011
* Copies of two photographs

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 will 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.  The applicant was inducted into the Army on 13 August 1968.  He completed training as a light weapons infantryman.

4.  He arrived in Vietnam on 31 August 1969 and was assigned to Company B, 3rd Battalion, 7th Infantry, 199th Infantry Brigade.  He participated in the following three campaigns:

* Vietnam Summer - Fall 1969 Campaign, which extended from 9 June through 31 October 1969
* Vietnam Winter - Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970

5.  The applicant departed Vietnam en-route to the U.S. on 3 June 1970.  He was honorably released from active duty on 7 June 1970.  Item 24 (Decorations, 

Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Combat Infantryman Badge

6.  The applicant submits a copy of General Orders Number 2986, dated 7 July 1970, awarding him the Bronze Star Medal with “V” Device for exceptional heroism in connection with ground operations against an armed hostile force in the Republic of Vietnam on 29 March 1970.

7.  He submits a self-authored statement contending that he was awarded the Purple Heart as a result of a shrapnel wound he sustained in December 1969.  He states that he was in the field at the time he sustained his injury and he was treated at “3/7 Fire Support Base” near Xuan Loc.  He states he was told that the Purple Heart would be awarded and that the paperwork would be processed for his records.  He states he incurred a burn injury as a result of an incendiary grenade being detonated, in February 1970, while he was in an enemy ambush.  He states he was helicoptered to and treated at Long Binh Hospital.  He states he was told by the company clerk that the orders awarding him the Purple Heart were in his records, but when he departed Vietnam and out-processed he noted there were other decorations (Bronze Stars, Soldier’s Medal) not shown on his DD Form 214.  What he surmised, after a conversation with a friend, was the career officers in his company were paying to have decoration orders changed in their names.

8.  The applicant submits a letter from a doctor at Clinical Orthopaedics and Related Research, who contends:

* he was the battalion surgeon from August 1969 until February 1970 
* he treated the applicant for a shrapnel wound he received in 1969
* he and the applicant became good friends and stayed in touch for several years
* he does not know whether the medical records ever made it to the applicant’s permanent file
* while he has no recollection of the applicant’s burn injury it is likely he was treated at the 24th Evacuation Hospital or the 93rd Evacuation Hospital
* he presumes there may be records from one of those two hospitals, unless they too were lost

9.  He submits a letter from the VA informing him that his is not entitled to disability compensation and a letter from the Military Order of the Purple Heart instructing him on how to complete his DD Form 149 (Application for Correction of Military Records).

10.  There is no medical evidence in the available record showing the applicant was wounded as a result of hostile action by enemy forces while he was in the Army.  There are no orders showing he was awarded the Purple Heart or the Bronze Star Medal with “V” Device.  His name is not shown on the Vietnam Casualty Listing as a battle casualty.

11.  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 the applicant the Purple Heart or the Bronze Star Medal with “V” Device.  However, ADCARS does reveal General Orders Number 3551 awarding him the Air Medal for meritorious achievement while participating in aerial flight from 15 September 1969 to 22 April 1970.

12.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, conduct and efficiency ratings, or statements that would justify his disqualification for award of the Army Good Conduct Medal.  He received all “excellent” conduct and efficiency ratings.

13.  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.

14.  Army Regulation 600-8-22 states that a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

15.  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 19 June 1968 to 31 July 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 70.
16.  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.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted.  His supporting evidence has been considered.

2.  Although he submits a letter from a doctor contending that he treated the applicant for a shrapnel wound while he was in Vietnam, there is no evidence in his official military record showing he was wounded/injured as a result of hostile action by enemy forces.  There are no orders in his official record or in ADCARS awarding him the Purple Heart and his name is not shown on the Vietnam Casualty Listing as a battle casualty.  His request for a correction of his DD Form 214 to show he was awarded the Purple Heart should be denied.

3.  The applicant does submit a copy of General Orders Number 2986 showing he was awarded the Bronze Star Medal with “V” Device.  

4.  There is no evidence in his records of any court-martial convictions, unfavorable personnel actions, conduct and efficiency ratings, or statements that would justify his disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (First Award).

5.  He is also authorized the following awards that should be included on his DD Form 214:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* three bronze service stars to be affixed to his already-awarded Vietnam Service Medal


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 awarding him the Army Good Conduct Medal (First Award) for exemplary service from 13 August 1968 through 7 June 1970 and amending item 24 on his DD Form 214 to show he is authorized the following awards:

* Bronze Star Medal with “V” Device
* Air Medal
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* three 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 correcting his DD Form 214 to show he was awarded 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)                                         AR20110014944





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ABCMR Record of Proceedings (cont)                                         AR20110014944



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