IN THE CASE OF:

		BOARD DATE: 9 August 2012

		DOCKET NUMBER:  AR20120003428

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 award of the Purple Heart and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.

2.  The applicant states he was wounded while in Vietnam.  He was evacuated to Japan for treatment and then to Ireland Army Hospital, Fort Knox, KY.  He believes the errors were the result of oversight by clerical personnel at Fort Knox.  He wants his records corrected for posterity.
 
3.  The applicant provides a copy of a letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 13 February 2012.

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 25 September 1967 for a period of 3 years.  He completed training and he was awarded military occupational specialty (MOS) 63C (General Vehicle Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in the RVN from 15 May 1968 through 18 May 1969;

	b.  item 38 (Record of Assignments) he was assigned to:

		(1)  Headquarters and Headquarters Company, 26th Engineer Battalion from 28 May 1968 through 20 January 1969;

		(2)  Company C, 26th Engineer Battalion from 21 January through 17 May 1969;

		(3)  Medical Holding Company, 106th General Hospital, Japan in a patient status from 18 May 1969 through 13 July 1969; and

		(4)  Fort Knox, KY, from 14 July 1969 until his release from active duty (REFRAD).

	c.  item 40 (Wounds) no entry (blank); and

4.  On 6 October 1970, the applicant was honorably REFRAD at the expiration of his term of service.  He completed 3 years of total active service.  The highest rank/grade he held was private first class (PFC)/E-3.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar

5.  The applicant's medical records are not available for review.  There is no evidence of record and the applicant did not provide any evidence that explains his hospitalization in Japan.
6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.
7.  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 Purple Heart pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) 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.  A bronze service star is authorized with the Vietnam Service Medal 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 following four campaigns:

* 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, 1969 (23 February - 8 June 1969)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows that Headquarters and Headquarters Company, 26th Engineer Battalion was cited for award of the Meritorious Unit Commendation (Navy) for the period 1 July 1968 through 1 May 1969 by Department of the Army General Orders (DAGO) Number 32, dated 1973.

10.  Department of the Army Pamphlet 672-3, paragraph 6d, states DAGO 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.  Records show the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

2.  All units in Vietnam were awarded 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.

3.  His record shows he was reassigned from Vietnam to the 106th General Hospital in Japan in a patient status.  However, there is no evidence of record and the applicant did not provide any evidence detailing the reasons for his hospitalization and/or confirmation that he was wounded in action against an enemy or as a result of hostile action.  Therefore, there is an insufficient evidentiary basis for awarding him the Purple Heart or correcting his DD Form 214 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 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.  deleting from his DD Form 214 the Vietnam Service Medal; and

	b.  adding to his DD Form 214 the:

* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (Navy)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 awarding the applicant 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20120003428



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