IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110016487 


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:

	a.  his service number be corrected on his DD Form 214; and

	b.  the Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Air Medal, Army Good Conduct Medal, Presidential Unit Citation, Meritorious Unit Commendation, and Purple Heart be added to his DD Form 214.

2.  The applicant states:

* His service number is incorrect, it should be "xx 8xx xxx" 
* He was awarded the Air Medal on 19 January 1969
* The Army Commendation Medal was signed by President Nixon
* He sustained a head injury from a blast 

3.  The applicant provides:

* DD Form 214
* Orders for the Air Medal
* Department of Veterans Affairs (DVA) medical records
* Photographs of Soldiers
* Letter, dated 21 May 2010, from his wife to the DVA
* Letters from two of his DVA physicians

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's induction record shows his service number as "xx8xxxxx."  He was inducted into the Army of the United States on 30 August 1967.  He arrived in Vietnam on 14 February 1968.  He served as a light weapons infantryman assigned to Company D, 5th Battalion, 7th Cavalry of the 1st Cavalry Division in Vietnam from 19 February 1968 to 11 August 1968.  He was assigned to Company D, 51st Infantry in Vietnam from 15 August 1968 to 11 November 1968.  He was assigned to U.S. Army Depot, Qui Nhon in Vietnam from 
12 November 1968 to 13 February 1969.  On 15 July 1969, he was released from active duty in the temporary rank of specialist four after completing 1 year, 10 months, and 16 days of creditable active service with no lost time. 

3.  Item 2 (Service Number) of his DD Form 214 shows the entry "US xx 5xx xxx."  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
* Combat Infantry Badge (correctly known as the Combat Infantryman Badge)
* Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960))
* Overseas service bar
* First Class Gunner (Machine Gun)
* Marksman Rifle (correctly known as the Marksman Marksmanship Qualification Badge with Rifle Bar)

4.  Since his DD Form 214 shows the Republic of Vietnam Campaign Medal with Device (1960) as an authorized award, this portion of his request will not be discussed further in these proceedings.  
5.  His service personnel records show service number "xx 8xx xxx."

6.  Orders, dated 29 January 1969, show he received the Air Medal.

7.  There are no orders for the Army Commendation Medal or Purple Heart in the available records.

8.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  His name does not appear on the Vietnam casualty roster.  

9.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal or Purple Heart pertaining to the applicant.

10.  In support of his claim for the Purple Heart, he provided DVA medical records which indicate he was involved in direct combat and sustained an injury when the trunk of a tree was blown up by explosives and the trunk hit him in the face.  These medical records also indicate he was treated for blurry vision, headaches, and loss of balance.  He also provided letters from his wife and DVA physicians who attest the applicant sustained a blast injury in Vietnam.

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

12.  Records show he participated in four campaigns during his assignment in Vietnam. 

13.  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 5th Battalion, 7th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 59, dated 1969.

14.  Department of the Army Pamphlet 672-3 does not show the applicant's units were cited for award of the Presidential Unit Citation or Meritorious Unit Commendation while he was assigned to them.

15.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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.  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.
 
17.  Army Regulation 600-8-22 states the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

18.  Army Regulation 600-8-22 states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  

19.  Army Regulation 600-8-22 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.

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

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant's service number as "xx8xxxxx" at the time of his induction.  Therefore, it would be appropriate to correct item 2 of his DD Form 214 to reflect this service number.

2.  There are no orders for the Army Commendation Medal in the available records and the applicant did not provide any orders for the Army Commendation Medal.  Therefore, there is insufficient evidence on which to add the Army Commendation Medal to his DD Form 214.
   
3.  Orders show he received the Air Medal.  His DD Form 214 should be corrected to show this medal.

4.  He was released from active duty in the temporary rank of specialist four with 22 months of creditable active service with no lost time.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 30 August 1967 through 15 July 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  His units were not cited for award of the Presidential Unit Citation or Meritorious Unit Commendation while he was assigned to them.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show these unit awards.

6.  He contends he sustained a blast injury in Vietnam and is entitled of the Purple Heart.  Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards.  The Purple Heart requires:

* a wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
* official orders awarding the decoration





7.  There are no orders for the Purple Heart in the available records.  There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Vietnam.  Regrettably, there is insufficient evidence to support award of the Purple Heart in this case

8.  He participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.

9.  His unit (5th Battalion, 7th Cavalry) was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show this unit award.

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:

	a.  awarding him the first award of the Army Good Conduct Medal for the period 30 August 1967 through 15 July 1969;

	b.  deleting the entry in item 2 of his DD Form 214 and replacing it with the service number shown on his induction record; and

	c. adding the Army Good Conduct Medal (1st Award), Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.



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 adding the Army Commendation Medal, Presidential Unit Citation, Meritorious Unit Commendation, or Purple Heart to his DD Form 214.  




      _______ _   _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)                                         AR20110016487





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ABCMR Record of Proceedings (cont)                                         AR20110016487



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