IN THE CASE OF:	   

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120007018 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the Purple Heart (PH) in 1969.

2.  The applicant states the PH was awarded to him at Camp Zama Hospital in Japan in 1969 and it was never entered on his DD Form 214. 

3.  The applicant provides a copy of 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 8 July 1968 in the Officer Candidate School (OCS) Field Artillery.  He was relieved from the OCS Field Artillery Course.  He then completed basic combat and advance individual training and was awarded military occupational specialty (MOS) 13E (Field Artillery Operations and Intelligence Assistant).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) during the period 20 March 1969 through
18 August 1969. 

4.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he was a patient assigned to the 106th General Hospital, Japan from 21 June 1969 to 18 August 1969.

5.  Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury.

6.  The applicant’s name is shown on the Vietnam casualty roster with casualty code 23 and date of casualty shown as 14 June 1969.  This casualty code refers to “Hostile wounded in action – not serious hospitalized.”  

7.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADARS) maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the PH pertaining to the applicant.

8.  The applicant’s official military personnel file is void of any orders or documents that indicate he was ever awarded the PH by proper authority while serving on active duty.

9.  The applicant was awarded the Army Commendation Medal (ARCOM) with “V” Device on 2 September 1969 for heroism in the RVN on 14 June 1969.

10.  The applicant’s DD Form 214 shows he was honorably released from active duty on 15 April 1970, and he completed 1 year, 9 months and 8 days of total creditable active military service with no lost time.

11.  The applicant’s DD Form 214 shows he was awarded the Army Commendation Medal with “V” Device, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

12.  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 and 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 military medical personnel, and a record of the medical treatment was made a matter of official record

13.  A review of his service record indicates his entitlement to additional awards which are not reflected in his records and/or DD Form 214.

14.  The applicant’s DA Form 20 shows he received “excellent” conduct and efficiency ratings throughout his military service and there is no evidence or derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).

15.  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 the 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

16.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal (VSM).  It states a bronze service star is authorized with this award 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:

* Vietnam Counteroffensive Phase VI  
* Tet 69/Counteroffensive 
* Vietnam Summer - Fall 1969 

17.  Department of the Army General Order Number 43, dated in 1970, further entitled the applicant the award of the RVN Gallantry Cross with Palm Unit Citation.  This award was awarded to all units in the RVN from 19 July 1968 to    14 May 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the PH to his DD Form 214 was carefully considered and it was determined that there is sufficient evidence to support this request.

2.   The evidence of record shows he was wounded on 14 June 1969 as a result of hostile action.  His name is listed on the Vietnam casualty listing and he states he was awarded the PH; therefore, he is entitled to have the PH added to his    DD Form 214.

3.  The applicant did not have any evidence of derogatory information in his military record or a disqualification from a unit commander that would have precluded him from receiving the AGCM.  He received “excellent” efficiency and conduct ratings throughout his military service; therefore, it would be appropriate to award the applicant the AGCM and add it to his DD Form 214.

4.  The applicant’s records show he was awarded the VSM and he participated in three campaigns during his service in the RVN; therefore, he is eligible for wear of three bronze service stars affixed to his previously-awarded VSM.

5.  While the applicant was assigned to his unit, it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

BOARD VOTE:

__X_____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

   a. awarding the applicant the AGCM (1st award) for the period 8 July 1968 to 15 April 1970; and

b. adding the following awards to his DD Form 214:

* PH
* AGCM


* Three bronze service stars to be affixed to his VSM
* RVN Gallantry Cross with Palm Unit Citation



      _______ _   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)                                         AR20120007018



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ABCMR Record of Proceedings (cont)                                         AR20120007018



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