IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120000640 


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 the Purple Heart and two awards of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states these awards were omitted from his DD Form 214 due to unknown reasons. 

3.  The applicant provides:

* DD Form 1380 (U.S. Field Medical Card)
* Award certificates for the BSM, dated 6 June 1971 and 5 April 1974

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 8 January 1969 for a period of 3 years.  He arrived in Vietnam on 3 June 1970.  He served as a light weapons infantryman assigned to Company B, 1st Battalion, 46th Infantry in Vietnam from 23 June 1970 to 28 April 1971.  On 11 November 1971, he was honorably released from active duty in the rank of sergeant after completing 2 years, 
10 months, and 4 days of creditable active service with no time lost. 

3.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with "V" Device (Second Oak Leaf Cluster)
* Combat Infantryman Badge
* one Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars  

4.  There are no orders for the Purple Heart in the available records.

5.  Item 20 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

6.  His name is not listed on the Vietnam casualty roster.

7.  In support of his claim for the Purple Heart, he provided a DD Form 1380, dated 26 December 1970, which shows he was treated for an M-79 fragment wound to his left front hip.  The section showing the nature of the casualty (e.g., enemy action) is not completed.

8.  Orders, dated 25 May 1971, show he received the BSM for meritorious service during the period 1 July 1970 to 31 May 1971 in Vietnam

9.  There are no orders for a second award of the BSM in the available records.

10.  He provided an award certificate, dated 6 June 1971, for the BSM for meritorious achievement in ground operations against hostile forces in Vietnam from 1 July 1970 to 31 May 1971. 

11.  He also provided an award certificate, dated 5 April 1974, for the BSM for meritorious achievement in ground operations against hostile forces in Vietnam from 1 July 1970 to 31 May 1971. 

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

13.  Records show he participated in two campaigns during his assignment in Vietnam. 

14.  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 1st Battalion, 46th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 42, dated 1972.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 by medical personnel, and the medical treatment must have been made a matter of official record.

16.  Army Regulation 600-8-22 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 n 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.  

17.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

18.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.   

19.  Paragraph 1-19 of Army Regulation 600-8-22 states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.

2.  Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards.  The Purple Heart requires:

* a wound the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records

3.  There are no orders for the Purple Heart in the available records.

4.  There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam.  It is noted the DD Form 1380 indicates he received a fragment wound from an M-79, a U.S. weapon.  The circumstances are not known, so it cannot be determined whether the M-79 round was being fired at the enemy or was an accidental discharge.  In the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in Vietnam, the DD Form 1380 is not sufficient as a basis for adding the Purple Heart to his DD Form 214.

5.  Although he contends he received two awards of the BSM, orders show he received one award of the BSM for meritorious service during the period 1 July 1970 to 31 May 1971.  Both of the BSM award certificates provided by the applicant show the same dates of service (1 July 1970 to 31 May 1971).  The governing regulation states only one decoration will be awarded to an individual for the same period act, achievement, or period of meritorious service.  Since there are no orders for a second award of the BSM in the available records, there is insufficient evidence on which to base adding a second award of the BSM to his DD Form 214.  His DD Form 214 should be corrected to show one award of the BSM.    

6.  He was honorably released from active duty in the rank of sergeant with nearly 3 years of total active service and no time lost.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of 


any disciplinary actions or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 8 January 1969 through 11 November 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

7.  He participated in two campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show this award.

8.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show this unit 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
8 January 1969 through 11 November 1971; and

	b.  adding the BSM, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

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 and a second award of the BSM 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)                                         AR20120000640



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ABCMR Record of Proceedings (cont)                                         AR20120000640



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