BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110020302 


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 award of the Purple Heart and Army Good Conduct Medal.

2.  The applicant states he was in a convoy accident in the Republic of Vietnam and further states, in effect, he hit another vehicle and he was thrown from his vehicle when the enemy threw a smoke grenade.  He states he was supposed to receive the Purple Heart and further claims he should receive the Army Good Conduct Medal because he was not charged with a court-martial offense.  

3.  The applicant provides no additional evidence.

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 record shows he enlisted in the Regular Army on 10 January 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3.  The applicant legally changed his name on 15 March 1967.

4.  His record contains Special Court-Martial Order Number 106, issued by Headquarters, 5th Combat Support Training Brigade, U.S. Army Training Center, Fort Leonard Wood, MO, dated 25 April 1967, which shows the applicant pled guilty and was found guilty before a special court-martial of being absent without leave (AWOL) from    2 April to 12 April 1967.

5.  The applicant received nonjudicial punishment (NJP) on:

* 7 May 1969, for failing to report to his appointed place of duty
* 17 July 1969, for failing to stop for a posted stop sign

6.  His DA Form 20 (Enlisted Qualification Record) contains the following information:

* Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 20 August 1967 through 19 August 1968
* Item 33 (Appointments and Reductions) shows the applicant was reduced in rank/grade from SP4/E-4 to private first class/(PFC/E-3) on 7 May 1969
* Item 38 (Record of Assignments) shows a conduct and efficiency rating of “fair” for the period 26 November 1969 through 11 February 1970
* Item 40 (Wounds) is blank
* Item 41 (Awards and Decorations) does not show award of the Purple Heart or the Army Good Conduct Medal

7.  On 11 February 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  

8.  The applicant's official military personnel file contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.  His record also contains no orders showing he was awarded the Army Good Conduct Medal.

9.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is not included on this roster.

10.  A review 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 the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the Purple Heart.  It states the
Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.  
 
12.  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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart and Army Good Conduct Medal was carefully considered.  It was determined that there is insufficient evidence to support this request.

2.  In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action.  The wound must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

3.  The applicant's service in the Republic of Vietnam is not in question.  Additionally, the applicant's sincerity is also not in question.  However, his record contains no medical treatment records or other documents that confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam.  The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart.

4.  A commander's decision to award the Army Good Conduct Medal is based on his or her personal knowledge and of an individual's official records for periods of service under previous commanders during the period for which the award is to be made.  Although he completed 3 years of continuous active service and he was honorably released from active duty, he was found guilty before a special court-martial of being AWOL, received NJP on more than one occasion, was subsequently reduced in rank from SP4 to PFC, and received conduct and efficiency ratings of “fair” for the period 26 November 1969 to 11 February 1970.  It appears the applicant did not meet the criteria for this award.  Therefore, there is insufficient evidence to support awarding him this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x__  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20110020302



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ABCMR Record of Proceedings (cont)                                         AR20110020302



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