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ARMY | BCMR | CY2011 | 20110022222
Original file (20110022222.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  8 May 2012

		DOCKET NUMBER:  AR20110022222 


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 two awards of the Bronze Star Medal, the Bronze Star Medal with "V" Device, and the Purple Heart.

2.  The applicant states he cannot find the orders pertaining to the Purple Heart.  He was injured on 1 April 1970 when the base was hit with mortar rounds and small weapons fire.  He woke up in the aide station with hearing loss, a right knee injury, and shrapnel wounds to his right hand.  As a result of the action, he received a Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster).

3.  The applicant provides his DD Form 214, three certificates, two orders, two letters, and a citation.

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 enlisted in the Regular Army on 21 July 1967 and held military occupational specialty 76Y (Unit Supply Specialist).  He served in Vietnam from 15 January to 11 July 1970 while assigned to the 1st Battalion, 14th Artillery Regiment.

3.  General Orders Number 7929, dated 4 July 1970, issued by Headquarters, Americal Division, awarded him the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service in Vietnam.

4.  General Orders Number 8190, dated 5 July 1970, issued by Headquarters, Americal Division, awarded him the Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster) for heroism in action in connection with ground operations against a hostile force in Vietnam on 1 April 1970.  The orders cited, in pertinent part, the following:

On that date, the battery was in its defensive position when it came under a combined enemy mortar and ground assault by an unknown size force.  With complete disregard for his personal safety, [the applicant] left the relative security of his position to join a reaction force.  Ignoring the danger involved, he repeatedly exposed himself to the hostile rounds while clearing the area of enemy soldiers who had penetrated the perimeter.  After securing the area, he assisted in evacuating the Soldiers wounded during the battle and administered first aid to the less seriously injured.  Through his timely and courageous actions, he contributed significantly to the defense of the battery and served as an inspiration to his entire unit.

5.  He was honorably released from active duty on 12 July 1970 in the rank/grade of staff sergeant (SSG)/E-6 and was transferred to the U.S. Army Reserve.  He completed 2 years, 11 months, and 22 days of creditable active service with no time lost.

6.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Armed Forces Expeditionary Medal (Korea)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Two overseas service bars

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries and item 41 (Awards and Decorations) does not show the Purple Heart.

8.  There are no orders in his records showing award of the Purple Heart.

9.  There is no medical evidence in his available record that shows he was wounded as a result of hostile action while in an active duty status.

10.  A review of The Adjutant General's Casualty Division's Vietnam casualty listing failed to show his name as a casualty.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.

12.  The applicant provides a certificate, dated 14 August 1970, that shows he was awarded the Bronze Star Medal for meritorious achievement in Vietnam from 1 January to 30 April 1970.  He provides a second certificate, dated 6 July 1970, that shows he was awarded the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious achievement in Vietnam from July 1969 to July 1970.

13.  A review of his records indicates entitlement to additional awards.

14.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

16.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states 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, participation credit was awarded for the following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 1st Battalion, 14th Artillery Regiment, this unit was cited for award of Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March through 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant received two awards of the Bronze Star Medal and one award of the Bronze Star Medal with "V" Device which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.  

2.  He served honorably from 21 July 1967 through 12 July 1970.  He served in Vietnam, was awarded the Bronze Star Medal with "V" Device for heroism in action against the enemy, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank of SSG.  His record is void of any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his records to show this award.

3.  His record confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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

6.  Notwithstanding the applicant's sincerity, there is no evidence in his records and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record.  In the absence of documentary evidence there is no basis for granting his request for award of the Purple Heart.

7.  The applicant and all others should know that this action in no way diminishes the sacrifices he made in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms and his heroism in action.

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 amending his DD Form 214 as follows:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 July 1967 through 12 July 1970
* deleting the Vietnam Service Medal
* adding the:

* Bronze Star Medal (3rd Award) and “V” Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three 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 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)                                         AR20110022222





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ABCMR Record of Proceedings (cont)                                         AR20110022222



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