IN THE CASE OF:	  

		BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110019215 


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 the Purple Heart (PH) and all awards he is entitled to for his service in the Republic of Vietnam (RVN), to include the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states he was wounded in the vicinity of Pleiku, RVN and reported to the base camp Aid Station.

3.  The applicant provides no documentary evidence in support of his application. 

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 5 December 1967.  He was trained in and awarded military occupational specialty 94B (Cook).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 7 May 1968 to 3 May 1969 while assigned as a cook and dump truck driver with the 585th Engineer Company.  It further shows he received all "excellent" conduct and efficiency ratings throughout his service.

4.  Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not list the PH.

5.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any orders or other documents indicating the applicant was ever recommended for or awarded the PH.  It is also void of medical treatment records indicating he was ever wounded in action while serving in the RVN.  His record also contains no derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal (AGCM).

6.  On 4 December 1969, the applicant was honorably released from active duty (REFRAD) in the rank/grade of SP5/E-5, after completing 2 years of total active service.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* 2 Overseas Service Bars
* RVN Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not contain the applicant's name.  Additionally, 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 PH pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

9.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on the VSM.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969) 

10.  Army Regulation 672-5-1 (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 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant’s tenure of assignment, his unit (585th Engineer Company) was cited for no awards.  However, paragraph 6d of this pamphlet states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that based on the applicant's RVN service he participated in four campaign phases; therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his
DD Form 214 to show these bronze service stars.

2.  All units in the RVN were cited for award of the RVN Gallantry Cross with Palm unit Citation during his period of service in the RVN.  Therefore, his
DD Form 214 should be corrected to show this unit award.

3.  Further, the record shows the applicant received all "excellent" conduct and efficiency ratings through his service and his MPRJ is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 5 December 1967 through 4 December 1969 and to correct his DD Form 214 to show this award.

4.  By regulation, in order to support award of the PH there must be evidence confirming the member was wounded as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.  The applicant’s record is void of any evidence that shows he was ever wounded in action or that he was ever treated for a combat-related wound by medical personnel.  Item 40 of his
DA Form 20 is blank, indicating he was never wounded as a result of hostile action, and the PH is not included in the list of awards contained in item 41.

5.  Further, his MPRJ is void of any orders or other documents showing he was ever recommended for or awarded the PH and of medical treatment records indicating he was ever treated for a combat-related wound.  In addition, the applicant failed to provide any documentary evidence of being wounded in action or that confirms medical treatment for a combat-related wound.

6.  Absent any evidence of record or independent evidence submitted by the applicant that shows he was ever wounded in action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  

7.  There is also no evidence the applicant’s unit in the RVN was cited for the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, there is an insufficient evidentiary basis to support adding this award to his DD Form 214.









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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
5 December 1967 through 4 December 1969; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

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 award of the Purple Heart and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and adding these awards 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)                                         AR20110019215



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ABCMR Record of Proceedings (cont)                                         AR20110019215



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