IN THE CASE OF:	  

		BOARD DATE:	  27 September 2012

		DOCKET NUMBER:  AR20120004328 


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 Republic of Vietnam Campaign Medal.  He also requests review of his records for possible award of the Purple Heart.

2.  The applicant states:

* he had one tour of duty in Vietnam from April 1968 through April 1969
* his tour of Vietnam is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* he was in combat with the 1st Cavalry, an Armored Division, then Fort Riley, and then discharged
* the error needs to be corrected immediately
* he was injured in the line of duty and he has outstanding medical issues

3.  The applicant provides:

* U.S. Senate letter, dated 13 January 2012
* U.S. Senate Consent for Release of Information
* Letter to his Senator's Staff Assistant, dated 10 January 2012
* Interim letter to his Senator, dated 24 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 12 September 1967.  He completed training as a general vehicle repairman.  He arrived in Vietnam on 21 April 1968 and was assigned to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry.

3.  The applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase IV Campaign which extended from 2 April through 30 June 1968
* Vietnam Counteroffensive Phase V Campaign which extended from 1 July through 1 November 1968 
* Vietnam Counteroffensive Phase VI Campaign which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign which extended from 23 February through 8 June 1969

4.  On 18 April 1969, the applicant departed Vietnam en-route to the United States.  He was honorably released from active duty on 11 September 1970.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)

5.  A review of the applicant's records fails to show that he was ever wounded as a result of hostile action by enemy forces while he was in the Army.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he was wounded in action in Vietnam.

6.  The applicant's name is not shown on the Vietnam casualty listing as a battle casualty.


7.  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.  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.  

	c.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Valorous Unit Award for the period 24 August to 25 September 1968 by Department of the Army General Order Number 53, dated 1970.

9.  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. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records that shows he was wounded as a result of hostile action by enemy forces while he was in the Army.  Therefore, he is not authorized the award of the Purple Heart.

2.  The available records do show that he is authorized the following awards that should be added on his DD Form 214:

* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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 amending his DD Form 214 to add the following awards:  

* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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 him 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)                                         AR20120004328





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ABCMR Record of Proceedings (cont)                                         AR20120004328



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