IN THE CASE OF:	

		BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20120008729 


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 issuance of a new DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his:

* permanent disability retirement on 1 September 1971
* award of the Purple Heart

2.  The applicant states in January 2005, he requested a new DD Form 214 showing award of the Purple Heart, but he only received a copy of same DD Form 214 he was issued in 1968.

3.  The applicant provides:

* Purple Heart Certificate
* Letter, Office of the Adjutant General, Washington, D.C., dated 4 August 1971
* Certificate of Retirement 
* DD Form 214
* Congressional correspondence
* Combat-Related Special Compensation correspondence
* Medical Board Evaluation (MEB) Proceedings, dated 22 July 1968
* Standard Form (SF) 502 (Narrative Summary), dated 21 June 1968
* DA Form 1361 (Findings of Physical Evaluation Board), dated 22 August 1968


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 was inducted in the Army of the United States on 19 October 1966.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while on active duty was specialist four/E-4. 

3.  The applicant's SF 502 shows he was wounded in action on 8 February 1968 in the Republic of Vietnam.  He sustained a gunshot wound to both thighs.

4.  The applicant's name appears on the Vietnam casualty roster with the casualty status code "23" which indicates "hostile wounded in action:  not serious hospitalized."

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

* Item 31 (Foreign Service), he was assigned in the Republic of Vietnam during the period 1 December 1967 through 1 March 1968
* Item 38 (Record of Assignments), he was assigned to Company C, 
1st Battalion, 20th Infantry, 11th Infantry Brigade
* Item 38 also shows he was placed in a "patient" status on 13 February 1968

6.  A review of his records failed to show orders awarding him the Purple Heart.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.
8.  MEB Proceedings, dated 22 July 1968, show the applicant's case was referred to a physical evaluation board (PEB).

9.  On 22 August 1968, the PEB, with the applicant's concurrence, placed his name on the Temporary Disability Retired List (TDRL), with an effective date of 15 October 1968.

10.  The applicant provides a copy of his Purple Heart Certificate which shows he was awarded the Purple Heart for wounds received in action on 8 February 1968.

11.  The applicant's DD Form 214 shows:

* he was retired due to a temporary disability on 15 October 1968
* he was awarded the following:

*	National Defense Service Medal
*	Vietnam Service Medal 
*	Combat Infantry[man] Badge
*	Vietnam Campaign Medal

* he completed 1 year, 11 months, and 27 days of creditable active military service

12.  Letter Orders Number D 8-153, The Adjutant General, Washington, D.C., dated 4 August 1971, removed the applicant's name from the TDRL on 31 August 1971 and placed his name on the Permanently Retired list, effective 1 September 1971.

13.  A review of the applicant's DD Form 214 shows he is entitled to additional awards and decorations.

14.  His records do not contain official orders awarding him the Army Good Conduct Medal.  A review of his service record also shows he had "excellent" conduct and efficiency ratings.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good Conduct Medal.

15.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
16.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for 
each credited campaign.  The Vietnam campaigns are listed in appendix B.  The applicant's record shows his service in Vietnam coincided with two campaigns, the Vietnam Counteroffensive Phase III for the period 1 June 1967 to 29 January 1968, and the Tet Counteroffensive during the period 30 January 1968 to 1 April 1968.

17.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the RVN 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.

18.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army.  A DD Form 215 (Correction to DD Form 214) will be issued to provide missing information or to correct any information.  A DD Form 214 will not be prepared for Soldiers removed from the TDRL.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for issuance of a new DD Form 214 to show his permanent disability retirement and include his award of the Purple Heart was carefully considered and determined to have partial merit.

2.  Although orders awarding the applicant the Purple Heart are missing from his file, sufficient evidence has been presented showing he was wounded in action in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart for wounds incurred on 8 February 1968.

3.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure in the unit.  Therefore, he is entitled to have his DD Form 214 corrected to show this foreign unit award.

4.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 19 October 1966 through 15 October 1968 and correction of his DD Form 214 to show this award.

5.  Letter orders show that on 15 October 1968, the applicant was released from active duty and retired by reason of temporary physical disability.  He was not in an active Army status when he was permanently retired due to a disability.  Therefore, his request for a new DD Form 214 showing his permanent disability retirement is without merit.

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. awarding him the:

*	Purple Heart for wounds received in action in the Republic of Vietnam on 8 February 1968
*	Army Good Conduct Medal (1st Award) for the period 19 October 1966 to 15 October 1968

   b.   adding the following to his DD Form 214:

* two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Purple Heart
* the Army Good Conduct Medal



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 issuance of a new DD Form 214 showing his permanent disability retirement.




      _______ _   _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)                                         AR20120008729



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ABCMR Record of Proceedings (cont)                                         AR20120008729



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