IN THE CASE OF:	  

		BOARD DATE:	 15 March 2012 

		DOCKET NUMBER:  AR20110018295 


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:

	a.  two or three additional awards of the Purple Heart;

	b.  all awards and decorations to which he may be entitled;

	c.  a copy of his medical records; and

	d.  the issuance of all his medals. 

2.  The applicant states he has never been given any of his Purple Heart medals (3 or 4) or any other medals for that matter. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

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 enlisted in the Regular Army on 9 October 1968 for a period of 3 years.  His DA Form 20 (Enlisted Qualification Record) shows he served as an armor crewman assigned to Company A, 1st Squadron, 1st Cavalry in Vietnam from 21 March 1969 to 17 September 1969.  On 10 August 1971, he was released from active duty in the rank of specialist four after completing 2 years, 10 months, and 2 days of creditable active service with no lost time. 

3.  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 with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar  

4.  Orders, dated 19 June 1969, show he received the Purple Heart for wounds received in action on 16 June 1969 in Vietnam.

5.  The Vietnam casualty roster shows he was wounded on 16 June 1969.  

6.  There are no other orders for the Purple Heart in the available records.  However, a Western Union telegram, dated 16 August 1969, states the applicant was slightly wounded in action on 12 August 1969 by fragments from a grenade while driver of a military vehicle on a military mission when a hostile force was encountered.  He received wounds to the right hip and face. 

7.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.



8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence he 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.

9.  His service medical records are not available.

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 1st Squadron, 1st Cavalry, was cited for Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.  The regulation states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to 3 or 4 awards of the Purple Heart.  

2.  His DD Form 214 shows one award of the Purple Heart.  

3.  Orders show he received one award of the Purple Heart for wounds received in action on 16 June 1969 in Vietnam.  

4.  The Western Union telegram, dated 16 August 1969, which states he was wounded in action on 12 August 1969 in Vietnam is accepted as sufficient evidence on which to base a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).
5.  Since there are no other orders for award of the Purple Heart or other corroborating evidence which shows he was wounded in action on any other dates than 16 June 1969 or 12 August 1969, there is insufficient evidence on which to base award of a third or fourth award of the Purple Heart.

6.  He was released from active duty in the rank of specialist four with 34 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 9 October 1968 through 10 August 1971based 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.

7.  His Vietnam unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

8.  The applicant's request for a copy of his medical records was noted.  However, his service medical records are not available.  It is suggested he submit a request for his medical records to the National Archives and Records Administration or the Department of Veterans Affairs.  

9.  He contends he has never been given any of his medals.  However, the ABCMR does not issue medals.  The applicant may receive the awards shown on his DD Form 214 by submitting a request via a letter or the Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address: National Personnel Records Center, ATTN:  Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  Requests must include a copy of the DD Form 214 and any other supporting documentation to substantiate the request.  The SF 180 can be found at http://www.archives.gov.

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 Purple Heart with First Oak Leaf Cluster for wounds received in action on 12 August 1969 in Vietnam;

	b.  awarding him the first award of the Army Good Conduct Medal for the period 9 October 1968 through 10 August 1971; 

	c.  deleting the Purple Heart from item 24 of his DD Form 214; and

	d. adding the Purple Heart with First Oak Leaf Cluster, Army Good Conduct Medal (1st Award), and Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 a third or fourth 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)                                         AR20110018295





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ABCMR Record of Proceedings (cont)                                         AR20110018295



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