IN THE CASE OF:	  

		BOARD DATE:	  19 June 2012

		DOCKET NUMBER:  AR20120000291 


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 the:

* Two awards of the Purple Heart
* Army Good Conduct Medal
* Army Commendation Medal

2.  The applicant states at the time of separation from the Army in 1970, he did not receive his medals, ribbons, and citations.  He would now like to display them for his family.

3.  The applicant provides:

* Photograph of a ribbon display
* Correspondence to and from a Member of Congress

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 23 June 1967 and he held military occupational specialty 31J (Teletypewriter Repairer).

3.  Special Orders (SO) Number 159, issued by Headquarters, 2nd Training Brigade, Fort Jackson, SC, on 14 August 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 79, issued by Headquarters, U.S. Army Southeastern Signal School, Fort Gordon, GA on 3 April 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in Vietnam from on or about 9 May 1968 to on or about 25 January 1970.  He was:

* Assigned to Company D, 41st Signal Company, 39th Signal Battalion, from on or about 13 May to 1 November 1968
* Assigned to Company B, 52nd Signal Battalion, from 1 November 1969 to 22 June 1969
* Assigned to U.S. Army Strategic Command Facility, Phu Lam, from         22 June 1969 to 24 January 1970

6.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 25 January 1970.  He completed 2 years, 7 months, and 3 days of active service with no lost time.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart

7.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "fragment wound to the right calf, 7 August 1968."  It does not list a second wound or injury.  Additionally, item 41 (Awards and Decorations) of this form shows one award of the Purple Heart; it does not show a second award or the Army Good Conduct Medal or the Army Commendation Medal. 

8.  His records do not contain general orders which authorized him awards of the Purple Heart, Army Good Conduct Medal, or the Army Commendation Medal. 
9.  His name is not shown on the Vietnam casualty roster as having been wounded.

10.  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 the Purple Heart, Army Good Conduct Medal, or Army Commendation Medal for him. 

11.  His available medical records do not indicate he suffered a combat injury in Vietnam or received treatment.  

12.  He submitted a photograph of a ribbon display and correspondence to or from a Member of Congress. 

13.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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.  A bronze oak leaf cluster signifies a second or a subsequent award.

	b.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  A review of the applicant's service record reveals he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice on 11 April 1969 for failing to go at the time prescribed to his appointed place of duty.  

15.  Aside from this NJP, there is no other derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignment) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

16.  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.

17.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam participation credit was awarded for the:

* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

18.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam with Company D, 41st Signal Battalion, this unit was cited for award of the Meritorious Unit Commendation for service from 1 October 1967 to                    30 September 1969, based on DA General Orders (GO) Number 48, dated 1971.

19.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the following units:

* Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Good Conduct Medal:

	a.  There are no official orders in the applicant's records and he provides none to show he was recommended for or awarded the Army Good Conduct Medal.  Additionally, his records show he received NJP on 11 April 1969 for failing to go at the time prescribed to his appointed place of duty. 

	b.  Nevertheless, the evidence of record confirms he served honorably during the period 23 June 1967 through 25 January 1970.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP4/E-4.  

	c.  Aside from the above minor NJP, his records do not contain 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 DD Form 214 to show his medal.

2.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

3.  GO awarded his units of assignment in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in six campaigns while serving in the Republic of Vietnam; therefore, he is entitled to one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

5.  With respect to a second award of the Purple Heart:

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

	b.  The applicant's service record is void of any orders that show he was awarded a second award of the Purple Heart or that he was wounded or injured a second time as a result of combat.  His name is not listed on the Vietnam casualty roster, his DA Form 20 listed only one injury, and his available service medical records do not reflect a combat injury. 

	c.  Notwithstanding the applicant's contention and sincerity, in the absence of documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base a second award of the Purple Heart in this case.

6.  With respect to the Army Commendation Medal, there is no evidence in his records and he provides none to show he was awarded the Army Commendation Medal.  The governing Army regulation states that for personal decorations (which included the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show this award. 


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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 June 1967 through 25 January 1970
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* One silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal
* 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 a second award of the Purple Heart and/or the Army Commendation Medal. 
 


      _______ _   _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)                                         AR20120000291



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ABCMR Record of Proceedings (cont)                                         AR20120000291



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