IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110016448 


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 effect, that his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he be issued a Purple Heart Certificate with the correct Social Security Number (SSN).

2.  The applicant states he was awarded the Purple Heart after his release from active duty (REFRAD) and it was not added to his DD Form 214.  He goes on to state his Purple Heart contains an incorrect SSN.

3.  The applicant provides a copy of his DD Form 214, a copy of his Purple Heart Certificate, and photo copies of his Social Security Card and Department of Veterans Affairs Card.

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 in San Antonio, Texas on 10 January 1969.  At the time of his induction his SSN contained the numbers “449” as the first three digits.  He completed his basic training at Fort Bliss, Texas and his advanced individual training as a crawler tractor operator at Fort Leonard Wood, Missouri before being transferred to Fort Meade, Maryland for his first assignment.

3.  On 19 March 1970, he was transferred to Vietnam for assignment to Company D, 864th Engineer Battalion.  He was promoted to the rank of specialist five on 17 May 1970 and on 5 November 1970 General Orders Number 984 issued by Headquarters, 18th Engineer Brigade awarded him the Army Commendation Medal (ARCOM).

4.  A review of the Vietnam Casualty Listing shows that the applicant was reported as a casualty on 29 November 1970.

5.  After serving in three campaigns the applicant departed Vietnam on 2 January 1971 for Fort Lewis, Washington where he was honorably REFRAD on 3 January 1971 as an overseas returnee.  He had served 1 year, 11 months, and 24 days of active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal with “60” Device.

6.  A review of the applicant's records shows the applicant had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  A review of the applicant’s official records and a search 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.

8.  The Purple Heart Citation provided by the applicant with his application shows that an SSN containing the first three digits of “499” was entered on the citation instead of “449,” which are the correct first three digits.

9.  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.

10.  Army Regulation 672-5-1 (Decorations and 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 the 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the FSM's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit. 

12.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding that the applicant has not provided and the records do not contain orders awarding him the Purple Heart, the citation provided by the applicant coincides with the information contained on the Vietnam Casualty Listing which is sufficient evidence to warrant entering the award of the Purple Heart on his DD Form 214.

2.  The evidence of record also shows that the applicant was awarded the ARCOM for meritorious service in Vietnam which was also not added to his DD Form 214 at the time of his REFRAD.  Accordingly, it should be added at this time.

3.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 10 January 1969 to 3 January 1971 and his DD Form 214 should be corrected to show this award.

4.  Additionally, the applicant served in three campaigns and is authorized to wear three bronze service stars on his Vietnam Service Medal and the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, he is entitled to have those awards added to his DD Form 214.

5.  The Purple Heart Citation issued to the applicant contains an incorrect SSN.  Accordingly, he should be issued a new Purple Heart Citation containing the SSN that is reflected on his DD Form 214 and official records.

BOARD VOTE:

___X_____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Adding the awards of the Purple Heart, the ARCOM, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to block 24 of his DD Form 214
* Awarding him the AGCM (1st Award) for the period 10 January 1969 to 3 January 1971 and adding it to block 24 of his DD Form 214 
* Deleting the VSM from block 24 of his DD Form 214
* Adding the Vietnam Service Medal with three bronze service stars to block 24 of his DD Form 214
* Issuing the applicant a Purple Heart Citation containing the SSN depicted in his official records

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  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)                                         AR20110016448





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ABCMR Record of Proceedings (cont)                                         AR20110016448



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