BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110022018 


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
* Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal
* Correction of the General Orders (GOs) that awarded him the Bronze Star Medal and accompanying certificate and citation to show the correct social security number (SSN)
* Correction of the GOs that awarded him the Army Commendation Medal and accompanying certificate and citation to show the correct SSN
* Appropriate campaign participation credit 

2.  The applicant states:

* GOs and accompanying certificate and citation showing an incorrect SSN
* He did not receive campaign participation credit
* He was hit with shrapnel in his right leg/inner thigh and it was reported to the field medic but not the main base camp

3.  The applicant provides:

* DD Form 214
* GOs Number 3209 (Bronze Star Medal), citation, and certificate
* GOs Number 15311 (Army Commendation Medal), citation, and certificate
 
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 records show he was inducted into the Army of the United States on 27 January 1970 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  He did not list his SSN on the DD Form 398 (Statement of Personal History); however, his DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty listed his SSN as "xxx-xx-5880."  

4.  His records contain various medical, security, personnel, and other documents that listed his SSN as "xxx-xx-5880."  He authenticated some of these documents as required by placing his signature in the appropriate place.  

5.  He served in Vietnam with Company A, 3rd Battalion, 506th Infantry, from 16 June 1970 to 6 May 1971.  

6.  GOs Number 15311, issued by Headquarters, 101st Airborne Division, on 30 December 1970, awarded him the Army Commendation Medal for service from 1 July to 30 November 1970.  The GOs and accompanying citation and certificate listed his SSN as "xxx-xx-2880."

7.  GOs Number 3209, issued by Headquarters, 101st Airborne Division, on 18 April 1971, awarded him the Bronze Star Medal for service from June 1970 to April 1971.  The GOs and accompanying citation and certificate listed his SSN as "xxx-xx-2880."

8.  Nothing in eight typical sources shows he was wounded or injured as a result of hostile action or awarded the Purple Heart:

* Item 39 (Record of Assignment) of his DA Form 20 does not show he was in a patient status or hospitalized
* Item 40 (Wounds) of his DA Form 20 does not reflect a combat wound
* Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart
* His name is not listed on the Vietnam casualty roster
* His records do not contain official orders awarding him the Purple Heart
* His medical records are not available for review with this case
* His records do not contain a Western Union telegram or any other communication regarding a combat wound
* The Awards and Decorations Computer Assisted Retrieval System (an index of general orders issued during the Vietnam era between 1965 and 1973) and maintained by the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to him

9.  GOs Number 423, issued by Headquarters, 1st Infantry Division, Fort Riley, KS, on 31 August 1971, awarded him the Army Good Conduct Medal (1st Award).

10.  He was honorably released from active duty on 28 September 1971.  His DD Form 214 shows in:

* Items 3 (SSN), the entry "xxx-xx-5880"
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the –

* National Defense Service Medal
* Combat Infantryman Badge
* Air Medal
* Vietnam Campaign Medal with "1960" Device
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Pistol Bar
* Vietnam Service Medal
* First Class Gunner Marksmanship Qualification Badge with Machine Gun and Grenade Launcher Bars

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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.
12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 3rd Battalion, 506th Infantry, in Vietnam, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March to 9 October 1971 based on DAGO Number 6, dated 1974.

13.  Appendix B of Army Regulation 600-8-22 shows that during his service in Vietnam, campaign participation credit was awarded for the DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1971) campaign.  This regulation also states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

DISCUSSION AND CONCLUSIONS:

1.  GOs awarded him the Bronze Star Medal and the Army Good Conduct Medal (1st Award) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

2.  GOs awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to a bronze service stars to be affixed to his Vietnam Service Medal.

4.  With respect to the SSN:

	a.  The evidence of record shows his SSN was listed as "xxx-xx-5580" throughout his entire military service. 

	b.  It appears when the GOs, certificates, and citations were issued to award him the Bronze Star Medal and Army Commendation Medal, these documents inadvertently listed his SSN as "xxx-xx-2580."

	c.  While there is no provision to reissue or correct the citations, he should have the GOs amended to reflect the correct SSN and the certificates reissued with the correct SSN.

5.  With respect to the Purple Heart:

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  His name is not listed on the Vietnam casualty listing and item 40 of his DA Form 20 does not show a combat wound.  Additionally, his medical records are not available for review with this case and his record is void of any evidence that shows he was wounded as a result of hostile action and/or treated for such wound. 

	c.  Notwithstanding the applicant's contention and sincerity, in the absence of additional documentation that conclusively confirms the pistol injury was caused by the enemy/as a result of enemy action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X__  __X______  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* adding to item 24 of his DD Form 214 –

* Bronze Star Medal
* Army Good Conduct Medal (1st Award) 
* A bronze service star to be affixed to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

* Amending General Orders Number 15311, issued by Headquarters, 101st Airborne Division, on 30 December 1970, to show his SSN as "xxx-xx-5880" and issuing him a new certificate with this SSN
* Amending General Orders Number 3209, issued by Headquarters, 101st Airborne Division, on 18 April 1971, to show his SSN as "xxx-xx-5880" and issuing him a new certificate with this SSN

2.  The Board further determined 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 correction of the citations to show his correct SSN.



      _______ _ 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)                                         AR20110022018





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ABCMR Record of Proceedings (cont)                                         AR20110022018



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