IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20110022489 


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 award of the Purple Heart and Bronze Star Medal.

2.  The applicant states that he has the above medals in his possession, but the awards are omitted from his DD Form 214. 

3.  The applicant does not provide 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 had prior enlisted service.  He was appointed as an infantry officer in the U.S. Army Reserve (USAR) and ordered to active duty on 24 July 1970.  

3.  Records show the following assignments in the RVN:

* 24 July 1971, 2nd Battalion, 506th Infantry, 101st Airborne Division (Airmobile), where he performed duties as a platoon leader and assistant S-4
* 10 December 1971, U.S. Army Depot, Long Binh (USADLB), where he performed duties the officer in charge of perimeter defense and executive officer 

4.  General Orders Number 150, dated 28 January 1972, issued by the U.S. Army Support Command, Saigon, show the applicant was awarded the Bronze Star Medal for meritorious service.

5.  The applicant departed the RVN on 29 January 1972.  On 8 February 1972, he was honorably released from active duty.

6.  The applicant's DD Form 214 shows:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal

7.  There are no general orders in his service personnel records that show he was awarded the Purple Heart.  His name is not listed on the Vietnam casualty roster.

8.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show award of the Purple Heart.

9.  During the processing of this case, a member of the Board staff reviewed 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.  This review failed to reveal any award of the Purple Heart on file for the applicant.

10.  Army Regulation 600-8-22 (Military Awards) provides 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, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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 two campaigns:

* Consolidation I (1 July 1971 - 30 November 1971) 
* Consolidation II (1 December 1971 - 29 March 1972) 

12.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

13.  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 that at the time of the applicant's assignment to the 2nd Battalion, 506th Infantry, it was cited for award of the RVN Gallantry Cross with Palm Unit Citation during the period 24 July 1971 through 
9 December 1971based on Department of the Army General Orders (DAGO) Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the award of the Purple Heart be added to his 
DD Form 214 was carefully considered and it was determined there is insufficient evidence to support this request.

2.  In order to support award of the Purple Heart the applicant 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 applicant 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 military service 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 RVN.  

4.  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 in this case.

5.  Evidence of record shows the applicant was awarded the Bronze Star Medal for meritorious service.  Therefore, his DD Form 214 should be amended to show the Bronze Star Medal.

6.  He was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 
214 should be amended to add this foreign unit award.

7.  The applicant met the eligibility for award of RVN Campaign Medal with Device (1960).  His DD Form 214 should be amended to add this award.

8.  His participation in two campaigns makes him eligible for two bronze service stars to be worn on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to add these service stars.

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 adding to his DD Form 214 the:

* Bronze Star Medal
* RVN Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* two bronze service stars for wear on his already-awarded Vietnam Service Medal

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 adding the Purple Heart 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)                                         AR20110022489





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ABCMR Record of Proceedings (cont)                                         AR20110022489



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