IN THE CASE OF:	  

		BOARD DATE:	  29 May 2012

		DOCKET NUMBER:  AR20110023999 


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 awards of the Purple Heart and Bronze Star Medal (BSM) and his blood type as O negative.

2.  The applicant states his awards of the Purple Heart and BSM were omitted from his DD Form 214 and his blood type is incorrectly reflected as O positive when his blood type is O negative.

3.  The applicant provides copies of his Purple Heart Certificate and orders, BSM Certificate, and a hospital report showing his blood type as O positive.

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 in Salt Lake City, Utah, on 17 September 1969.  At the time of his induction his blood type was recorded as O positive.  He completed basic training at Fort Lewis, Washington, and advanced individual training as an armor crewman at Fort Knox, Kentucky, before being transferred to Vietnam on 11 April 1970.

3.  He was assigned to Troop A, 4th Squadron, 12th Cavalry Regiment, 5th Infantry Division, for duty as an armor crewman.  He was advanced to pay grade E-4 on 11 April 1970.

4.  After serving in three campaigns, he departed Vietnam on 20 April 1971 and was transferred to Fort Lewis where he was honorably released from active duty (REFRAD) that date as an overseas returnee.  He completed 1 year, 7 months, and 4 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal and Vietnam Service Medal.

5.  The applicant's official records do not contain evidence to show he was awarded the BSM and Purple Heart; however, he provides orders showing he was awarded the Purple Heart for wounds received in action in Vietnam on 13 February 1971.  He also provides a copy of his BSM Certificate which shows he was awarded the BSM for meritorious achievement from April 1970 to February 1971 and was signed by the same issuing authority as his Purple Heart Certificate.

6.  The applicant's records show he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  The hospital report provided by the applicant is dated in 1998 and indicates his blood type as O negative.

8.  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 award of the BSM or any other awards.

9.  Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service not involving 


participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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 the 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.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, which includes the Vietnam Service Medal.

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) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

14.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided orders and a Purple Heart Certificate showing he was awarded the Purple Heart for wounds received in Vietnam on 13 February 1971.  Accordingly, he is entitled to have this award added to his DD Form 214 at this time.

2.  Although the applicant has not provided orders awarding him the BSM, he has provided a BSM Certificate that, when compared to his Purple Heart Certificate, appears to be authentic.  Accordingly, it would be appropriate to add the award of the BSM to his DD Form 214 as well.

3.  The applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Accordingly, it should be added to his DD Form 214 at this time.

4.  After carefully examining the applicant's record of service, it appears the applicant should have received the first award of the AGCM for his service from 17 September 1969 through 20 April 1971.  His record is void of any derogatory information which would have precluded him from being awarded the AGCM and the lack of any specific action by his commander to disqualify him from receiving this award.  The evidence further suggests the applicant did not receive the AGCM as a result of an administrative error.  Therefore, the applicant should be awarded the first award of the AGCM and his DD Form 214 should be corrected to show this award.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

7.  At the time the applicant served, his blood type was recorded as being O positive and it is properly reflected on his DD Form 214.  Although he has provided a hospital report showing his blood type as O negative, that report is no more official than his military records.  Accordingly, his blood type should be reflected as the blood type that was recorded during the period covered by his DD Form 214.  Therefore, his request to change his blood type should not be approved.



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:

* awarding him the AGCM (1st Award) for the period 17 September 1969 through 20 April 1971
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding award of the BSM, Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

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 changing his blood type on his DD Form 214.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _____________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)                                         AR20110023999



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ABCMR Record of Proceedings (cont)                                         AR20110023999



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