IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120001468 


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 award of the Bronze Star Medal, Purple Heart, and all awards to which he is entitled.

2.  The applicant states he believes these awards were omitted.

3.  The applicant provides his DD Form 214.

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 June 1967.  He was initially trained in and awarded military occupational specialty (MOS) 51B (Carpenter).  On 12 August 1969, he was reclassified into MOS 11E (Armor Crewman).
3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 1 December 1967 through 26 November 1968.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company D, 577th Engineer Battalion from 7 December 1967 to
23 November 1968, performing duties in MOS 51B (Carpenter).  Item 40 (Wounds) is blank.  Item 41 (Awards and Decorations) does not include the Bronze Star Medal or the Purple Heart.

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any documents or orders indicating he was ever recommended for or awarded either the Bronze Star Medal or the Purple Heart by proper authority while serving in the RVN.  There are also no medical records on file that show he was ever wounded in action or treated for a combat-related wound received as a result of hostile enemy action.

5.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  It further shows he was qualified for reenlistment.

6.  On 28 May 1970, the applicant was honorably released from active duty to accept or return to employment of a seasonal nature, in the rank/grade of specialist five (SP5)/E-5.  He completed 2 years, 10 months, and 29 days of total active service.  The DD Form 214 he was issued shows he earned the following awards during his active duty tenure:

* National Defense Service Medal 
* Vietnam Service Medal with 1 silver service star
* RVN Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar

7.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.

8.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal or the Purple Heart pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the Purple Heart.  It states the 
Purple Heart is awarded to members wounded in action.  It also states that in order to award the Purple Heart there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.

10.  Paragraph 3-14 of Army Regulation 600-8-22 provides guidance for award of the Bronze Star Medal.  It states it is awarded for heroic or meritorious achievement or service 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.

11.  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.

12.  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 577th Engineer Battalion was cited for award of the Meritorious Unit Commendation for the period 12 June 1967 through
7 December 1968 by Department of the Army General Order (DAGO) Number 48, dated 1969.

13.  Department of the Army Pamphlet 672-3, paragraph 6d, states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the Bronze Star Medal and the Purple Heart to his record has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  In order to support award of the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action; that it required treatment by medical personnel; and a record of the medical treatment must have been made a matter of official record.

3.  The applicant's record is void of any entries or documents corroborating his claim that he was wounded in action in the RVN or that show he was ever treated for a combat-related wound by medical personnel while serving in the RVN.  Item 40 of his DA Form 20 is blank, which indicates he was not wounded in action, and the Purple Heart is not included in the list of awards contained in item 41.  Further, there is no entry pertaining to the applicant on the Vietnam casualty listing, the official DA list of RVN casualties.  Absent any evidence of record corroborating the applicant's claim that he was wounded in action in the RVN, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

4.  By regulation, the Bronze Star Medal must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders.  The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the Bronze Star Medal by proper authority during his active duty tenure and there are no orders for the applicant contained in ADCARS.

5.  Absent any evidence of record confirming award of the Bronze Star Medal or the Purple Heart, there is an insufficient evidentiary basis to support adding these awards to the applicant's DD Form 214.

6.  The applicant received all "excellent" conduct and efficiency rating throughout his service, and there is no evidence of any disciplinary action or a commander's disqualification for the Army Good Conduct Medal.  He attained the rank/grade of SP5/E-5 and he was qualified for reenlistment at the time of his separation.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

7.  The applicant's unit in the RVN was cited for award of the Meritorious Unit Commendation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

8.  All units in the RVN were awarded the RVN Gallantry Cross with Palm Unit Citation during his tour of duty.  Therefore, 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 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
30 June 1967 through 28 May 1970, and

	b.  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

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 award of the Bronze Star Medal and the Purple Heart.



      _______ _   _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)                                         AR20120001468



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ABCMR Record of Proceedings (cont)                                         AR20120001468



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