IN THE CASE OF:	  

		BOARD DATE:  23 October 2012

		DOCKET NUMBER:  AR20120007800 


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 correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and Air Medal.  He also requests award of the Purple Heart.

2.  He states he wants his DD Form 214 to list his award of the Bronze Star Medal and Air Medal.  He also wants to be awarded the Purple Heart for a shrapnel wound he received to his left elbow.  He was wounded during a mortar attack.  He had the death of his best friend during that attack on his mind and didn't really care about it.  Since then, he has had a change of heart.  He is providing a copy of a newspaper article showing the pinning of the medals that he is requesting be added to his DD Form 214.  In regard to Purple Heart, his service record should contain documentation that shows he received stitches for an elbow wound.

3.  He provides copies of his DD Form 214 and a newspaper article titled, "City Man Decorated."

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's military record shows he was inducted into the Army of the United States on 24 November 1965.  He completed training and was awarded military occupational specialty 67M (Single Rotor Observation Helicopter Repairman).

3.  He served in Vietnam from 25 September 1966 to 22 September 1967, during two campaigns.  He was assigned to:

* 71st Transportation Company from 1 October 1966 to 27 January 1967
* Headquarters and Headquarters Company, 1st Infantry Brigade, 1st Infantry Division, from 28 January to 19 September 1967

4.  General Orders Number 6431, issued by Headquarters, 1st Infantry Division, on 6 September 1967, awarded him the Air Medal for meritorious achievement while participating in aerial flight in Vietnam from 24 January 1967 to 12 August 1967.

5.  General Orders Number 6726, issued by Headquarters, 1st Infantry Division, on 17 September 1967, awarded him the Bronze Star Medal for meritorious achievement in Vietnam from 15 March 1967 to 1 August 1967.

6.  There is no evidence in his service personnel records showing he was wounded and received medical treatment during his period of service in Vietnam. There are no official orders in his military personnel records authorizing him award of the Purple Heart.

7.  On 22 September 1967, he was honorably released from active duty in pay grade E-5, and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 9 months, and 29 days of net active service and no time lost.  He was also credited with 11 months and 27 days of overseas service.  His DD Form 24 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* 
Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* One Overseas Service Bar
* Army Commendation Medal

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence that any disciplinary action was taken against him during his period of active service.  There is also no evidence that his commander disqualified him for award of the Army Good Conduct Medal (1st Award).

9.  Item 40 (Wounds) of his DA Form 20 does not reflect he was wounded or injured as a result of hostile action.  Item 41 (Awards and Decorations) of this form does not list the Purple Heart.

10.  The Vietnam casualty listing does not show his name.

11.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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.

12.  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 regulation also states that when contemplating an award of the Purple Heart the key issue commanders must take into consideration is the degree to which the enemy caused the injury.  

	c.  The regulation further provides for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

	d.  A bronze service star is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.   

13.  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.  There must have been no convictions by a court-martial.  

14.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  It specified a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate DA message.  One overseas service bar was authorized for each 6-month period of Federal service in Vietnam.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit, Headquarters and Headquarters Company, 1st Infantry Brigade, 1st Infantry Division, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965-16 October 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965-7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Air Medal and Bronze Star Medal during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The available evidence appears to show he met the criteria for award of the Army Good Conduct Medal (1st Award).  He received "excellent" conduct and efficiency ratings throughout his period of service.  There is no evidence that any disciplinary action was taken against him during his period of active service and no evidence that his commander disqualified him for the medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) for the period 24 November 1965 through 22 September 1967 and correction of his DD Form 214 to show this medal.

3.  The evidence of record also shows he participated in two campaigns during his service in Vietnam; therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  These bronze service stars should be added to his DD Form 214.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would also be appropriate to correct his DD Form 214 to show these unit awards.

5.  The evidence of record shows he served in Vietnam for a period of 11 months and 27 days.  One Overseas Service Bar is listed on his DD Form 214.  In view of the foregoing, he is entitled to award of one additional Overseas Service Bar and its addition to his DD Form 214.

6.  His request for award of the Purple Heart was carefully considered.  However, there is no evidence of record and none was provided by the applicant showing he was wounded by a mortar attack during his service in Vietnam and received medical treatment, or that such treatment was made a matter of official record.

7.  Absent corroborating evidence confirming his contention, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  He therefore is not entitled to award of the Purple Heart or to have this award added to his DD Form 214 at this time.

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:

* awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 24 November 1965 through 22 September 1967

* deleting from his DD Form 214 the Vietnam Service Medal and one Overseas Service Bar
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Air Medal
* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* two Overseas Service Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor First Class 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 award of the Purple Heart and its addition to his DD Form 214.



      _______ _   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)                                         AR20120007800





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ABCMR Record of Proceedings (cont)                                         AR20120007800



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