IN THE CASE OF:	  

		BOARD DATE:  31 May 2012

		DOCKET NUMBER:  AR20110025097 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Any other individual or unit awards and decorations from his Vietnam units, such as the Presidential Unit Citation, Meritorious Unit Commendation, or Valorous Unit Award
* Purple Heart

2.  The applicant states:

* The awards were left off upon leaving the hospital at Camp Zama, Japan
* His DA Form 20 (Enlisted Qualification Record) shows he was in a patient status
* His medical record shows he was wounded in action
* A Joint Message Form shows he was a patient leaving Camp Zama
* He suffered gunshot wounds to his left elbow and right forearm
* He had skin graft taken from his right leg and placed on his right forearm

3.  The applicant provides:

* Reissued DD Form 214 (Report of Separation from Active Duty)
* DD Form 215 (Correction to DD Form 214)
* Letter from the National Personnel Records Center, St. Louis, MO
* DA Form 20
* Special Orders Number 167 and 138
* Discharge upgrade letter from the Army Discharge Review Board (ADRB)
* DD Form 2067 (Case Report and Directive - DRB - Statement of Findings, Conclusions, and Reasons)
* Joint Message Form

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 enlisted in the Regular Army on 30 March 1970 and he held military occupational specialty (MOS) 64B (Heavy Vehicle Driver).

3.  Special Orders Number 138, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, dated 18 May 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  Special Orders Number 167, issued by Headquarters, U.S. Army Training Center, Engineer, Fort Leonard Wood, MO, dated 16 June 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  He was reassigned to the 4th Replacement Detachment, Vietnam on about 18 September 1970.  He was further assigned to Company E, 4th Engineer Battalion, 4th Infantry Division, on 27 September 1970.

6.  He was wounded in action on 30 October 1970.  His name appears on the Vietnam casualty listing under code 26, indicating he was wounded in action, not serious - hospitalized, no notification.  He was reassigned to the Medical Holding Company, U.S. Army hospital, Camp Zama on 7 November 1970 in a patient status.  He was ultimately reassigned to the U.S. Army Hospital, Hunter Army Airfield, GA, on 21 November 1970 in the same status.  His record does not contain orders awarding him the Purple Heart.

7.  On 17 November 1971, he was discharged from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service – in lieu of trial by court-martial, with an undesirable discharge.  The DD Form 214 he was issued at the time shows the National Defense Service Medal and the Vietnam Service Medal.

8.  On 14 April 1977, the applicant applied for an upgrade of his discharge.  On 25 May 1977, his character of service was upgraded to general, under honorable conditions, in accordance with the DOD Special Discharge Review Program (SDRP).  Accordingly, his previous DD Form 214 was voided and he was reissued a DD Form 214 that shows his upgraded character of service.  This form also shows the National Defense Service Medal and the Vietnam Service Medal.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 

through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It states 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 Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971) campaign:

	c.  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.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  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 the 4th Engineer Battalion, 4th Infantry Division, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 17 November 1970 by Department of the Army General Orders Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam casualty listing confirms the applicant was wounded as a result of hostile action on 30 October 1970.  He was reassigned to the U.S. Army Hospital in Japan in a patient status and further reassigned to the U.S. Army Hospital at Hunter Army Airfield on or about 21 November 1970.  Records do not show he was awarded the Purple Heart.  Therefore, it would be appropriate to award the applicant for Purple Heart for wounds received in action in Vietnam on 30 October 1970 and correcting his DD Form 214 to show this award.

2.  Records show the applicant participated in one campaign during his service in Vietnam.  Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

3.  Although the applicant did not complete 6 months of service in Vietnam, his tour was interrupted by a combat injury that required evacuation.  Individuals who qualified for award of the Vietnam Service Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

4.  General orders awarded his unit in Vietnam 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.

5.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges.

6.  There is no indication the 4th Engineer Battalion, 4th infantry Division in Vietnam was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, Valorous Unit Award, or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to that unit. Therefore, there is no basis for granting this portion of his request.

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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds received in action on 30 October 1970; and

	c.  adding to his DD Form 214 the:

* Purple Heart
* 
Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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 to his DD Form 214 the:

* Presidential Unit Citation
* Meritorious Unit Commendation
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      __________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)                                         AR20110025097



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ABCMR Record of Proceedings (cont)                                         AR20110025097



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