IN THE CASE OF:	  

		BOARD DATE:	  11 October 2012

		DOCKET NUMBER:  AR20120007112 


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 he be awarded a Purple Heart and an Army Good Conduct Medal.  In addition, he would like the associated orders and certificate for the Air Medal he received.

2.  The applicant states that while assigned to the 101st Airborne Unit, Camp Eagle, South Vietnam, he injured his leg, arm, and back during combat and he believes he should be awarded the Purple Heart.  Further, he should have been awarded the Good Conduct Medal because he received an honorable discharge.

3.  The applicant provides a:

* Veterans Administration letter, dated 28 June 1976
* VA Form 21-6782 (Original Disability Compensation)
* Paper copy of 4 photographs
* DD Form 256A (Honorable Discharge Certificate), dated 6 June 1972
* Varsity in Vietnam, July 1968 - February 1972, (internet printout)
* Medical Appointment Routing Slip (2)

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 7 June 1966.  He completed training and he held military occupational specialty 94B (Cook).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in Vietnam from 1 May 1968 to         30 April 1969.

	b.  Item 38 (Record of Assignments) he was assigned to the following units in Vietnam:

* 272nd Aviation Company from 20 May to 31 July 1968
* Company B, 159th Assault Support Helicopter Battalion from 
1 August to 30 November 1968
* 649th Transportation Detachment from 1 December 1968 to on or about 30 April 1969

	c.  Item 38 he received all "excellent" conduct and efficiency ratings throughout his service.

	d.  Item 40 (Wounds) no entry (blank) showing he was wounded as a result of hostile action.

	e.  Item 41 (Awards and Decorations) no entry for award of the Purple Heart, Air Medal, or the Army Good Conduct Medal.  This entry does show he was awarded the Marksman Marksmanship Qualification Badge for the M14 and M16 rifles.

4.  There is no evidence of any derogatory or disciplinary actions against the applicant or a commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.



5.  His DD Form 214 shows the following:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Vietnam Service Medal
* Army Commendation Medal

6.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of Department of the Army General Orders (DAGO) issued during the Vietnam era between 1965 and 1973, maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart or Air Medal pertaining to the applicant.

7.  There is no evidence in the available records showing he was awarded the Purple Heart, Air Medal, or Army Good Conduct Medal.

8.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of Department of the Army General Orders (DAGO) issued during the Vietnam era between 1965 and 1973, maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart or Air Medal pertaining to the applicant.

9.  There is no evidence in the available record showing he sustained any injuries or was treated for wounds sustained as a result of hostile action.  Additionally, his name does not appear on the Vietnam casualty listing.

10.  The applicant provides photographs, medical appointment slips that show he was awarded service connected disability for a foot injury, and a document listing his name as part of the varsity in Vietnam between July 1968 and February 1972.

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 and no convictions by a court-martial.  

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that 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 four campaigns:

* Vietnam Counteroffensive Phase IV (2 April to 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July to 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 to 8 June 1969)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This regulation shows that during the period the applicant was assigned to the 649th Transportation Detachment this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 October 1968 through 14 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1968 through 2 May 1970 by DAGO Number 48, dated 1971

14.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests he be awarded a Purple Heart and an Army Good Conduct Medal.  In addition, he would like the associated orders and certificate for the Air Medal he received.

2.  He received all "excellent" conduct and efficiency ratings during his period of service.  He was not the subject of any disciplinary action, and there is no record of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded Vietnam Service Medal.

4.  The evidence of record shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.  

5.  Additionally, his DA Form 20 shows he qualified marksman with the M14 and M16 Rifle.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  There is no evidence of record showing he sustained an injury or that he received treatment for an injury as a result of hostile action.  Additionally, he has not provided any evidence to support an award of the Purple Heart in accordance with the applicable criteria.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

7.  The evidence of record does not show he was recommended for award of the Air Medal or that an appropriate authority approved a recommendation or announced the award in orders.  Accordingly, he is not entitled to correction of his DD Form 214 to show this award and therefore, the applicant cannot be provided official orders or an award certificate.

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 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 the Vietnam Service Medal from his DD Form 214;


b. awarding him the Army Good Conduct Medal (1st Award) for the period 
7 June 1966 to 30 April 1969; and

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

*	Army Good Conduct Medal (1st Award)
*	Four bronze service stars to be worn on his previously-awarded Vietnam Service Medal
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bars M14 and M16 

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 award of the Purple Heart and Air Medal orders and certificate.



      _______ _   _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)                                         AR20120007112





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ABCMR Record of Proceedings (cont)                                         AR20120007112



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