IN THE CASE OF:	  

		BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120005573 


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 reconsideration of his request for award of the Purple Heart and to have the award of the Army Commendation Medal (ARCOM) added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  Additionally, he request awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award (VUA), and the Expert Marksmanship Qualification Badge be added to his DD Form 214. 

2.  The applicant states, in effect, that he is providing a copy of orders awarding him the ARCOM and a DVD of pictures he took in Vietnam.  He goes on to state that he is still looking for the letters he wrote to his wife regarding his head injury and he is providing a paper to show he was awarded the Expert Weapons Medal (no such document was included with his request).  He further states he discovered on the internet that his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the VUA during the period he served with the unit.

3.  The applicant provides a copy of orders awarding him the ARCOM, a DVD, copies of previous correspondence to various agencies regarding the correction of his records, promotion orders, newspaper articles, and reassignment orders.  There are no orders awarding him an Expert Marksmanship Qualification Badge with his application.



CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110015125 on 31 January 2012.

2.  The applicant was inducted on 21 November 1966.  He completed his basic training at Fort Ord, California and his advanced individual training at Fort Irwin, California.  He was transferred to Vietnam on 15 January 1968 and was assigned to A Battery, 2d Battalion, 11th Artillery Regiment.  He was promoted to the pay grade of E-5 on 1 June 1968.

3.  He served in four campaigns and departed Vietnam on 18 August 1968 and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 20 August 1968 to attend school.  He had served 1 year and 9 months of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal (VSM), and the Marksman Marksmanship Qualification Badge with rifle bar.

4.  General Orders Number 3906 issued by Headquarters, U.S. Army Vietnam, awarded the applicant the ARCOM for meritorious service during the period January to August 1968.

5.  A review of his official records failed to show any evidence of the applicant being wounded in Vietnam and his name is not contained on the Vietnam casualty listing.  Additionally, his records show no evidence of the applicant qualifying expert with any weapons.  However, his records do show that he had “excellent” conduct and efficiency ratings and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

7.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service medal, to include the VSM, for each campaign participation credit.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It also shows that his unit was awarded the VUA for the period 
8 May to 20 August 1967.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show the awards of the ARCOM and the Republic of Vietnam Gallantry Cross with Palm Unit Citation has been noted and found to have merit.  Additionally, his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and he is entitled to have those awards added to his DD Form 214.

2.  Additionally,  a review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him the AGCM (1st Award) was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the AGCM (1st Award) for the period
21 November 1966 to 20 August 1968 and to correct his DD Form 214 to show this award.

3.  The applicant served in four campaigns and thus is entitled to wear four bronze service stars on his already-awarded VSM and to have them added to his DD Form 214.

4.  However, the applicant has failed to show through the evidence of record and evidence submitted with his application to show that he meets the criteria for award of the Purple Heart and the Expert Marksmanship Qualification Badge. 



5.  Additionally, there is no evidence to show that his unit was awarded the VUA during the period he served with the unit.  He would have temporarily authorized to wear the VUA during the time he was assigned to the unit, but not permanently.

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 partial amendment of the ABCMR’s decision in Docket Number AR20110015125, dated 31 January 2012.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the award of the VSM from his DD Form 214
* Awarding him the AGCM (first award) for the period of 21 November 1966 to 20 August 1968
* Adding the awards of the ARCOM, VSM with four bronze service stars, AGCM (1st Award), the Republic  of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 awarding him the Purple Heart and adding awards of the VUA and Expert Marksmanship Qualification Badge to his DD Form 214.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply 


appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20120005573





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ABCMR Record of Proceedings (cont)                                         AR20120005573



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