IN THE CASE OF:	  

		BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009773 


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

* Bronze Star Medal 
* Purple Heart 

2.  The applicant states:

* he received the BSM, but it was never added to his DD Form 214
* he was injured on 1 April 70 outside Song Mao during an April Fool's Day attack

*	he was thrown from an armored personnel carrier (APC) while taking enemy fire
*	his wedding band got caught on a tarp hook as he was falling from the APC and he was dragged approximately 50 yards
*	he lost his steel helmet and was hit with shrapnel or some type of pellets in the head
*	some of the metal in his head was removed and his wedding band was cut from his finger at the aid station in Song Mao

* he received the Bronze Star Medal for the incident but never the Purple Heart


3.  The applicant provides:

* Bronze Star Medal Certificate
* Letter, National Personnel Records Center (NPRC), dated 5 March 2012 
* 3 X-rays 

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 22 July 1969.  He completed training and was awarded military occupational specialty 63C (Track Vehicle Mechanic).  The highest rank/grade he attained while on active duty was specialist four/E-4.

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

* Item 31 (Foreign Service):

*	U.S. Army Pacific, Vietnam, 6 March 1970 to 28 January 1971
*	U.S. Army Europe, Germany, 9 September 1971 to 11 July 1972

* Item 38 (Assignments), he was assigned to the following units while in the Republic of Vietnam:

*	Headquarters and Headquarters Troop, 2d Squadron, 1st Cavalry, 19 March 1970 to 22 September 1970
*	75th Support Battalion, 1st Brigade, 5th Infantry Division (Mechanized),  30 October 1970 to 28 January 1971

* Item 40 (Wounds) is blank
   
4.  Item 38 of the applicant's DA Form 20 does not show he was ever in a patient status.

5.  General Orders Number 35, Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), dated 11 January 1971, awarded the applicant the Bronze Star Medal.  The Bronze Star Medal was awarded for meritorious service in connection with military operations against a hostile force for the period March 1970 to March 1971.

6.  The applicant's name does not appear on the Vietnam Casualty Roster.

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 for award of the Purple Heart.

8.  The applicant provides copies of 3 X-rays which show an imbedded bullet.  The X-rays also show they were taken on 15 October 2003.

9.  His records do not contain official orders awarding him the Army Good Conduct Medal.  A review of his service record also shows he had all "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.

10.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.

11.  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.  The following units to which the applicant was assigned while in Vietnam, were cited for award of the following:

* 2d Squadron, 1st Cavalry

*	Republic of Vietnam Gallantry Cross with Palm Unit Citation, 29 July 1969 to 17 November 1970, Department of the Army General Order Number (DAGO) 52, 1971
*	Republic of Vietnam Gallantry Cross with Silver Star Unit Citation,       1 June 1969 to 30 August 1970, DAGO 24, 1972

* 75th Support Battalion, 1st Brigade, 5th Infantry Division (Mechanized) 

*	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 30 October 1970, DAGO 24, 1972

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

   a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970)  
* DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971)

	b.  The Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the Bronze Star Medal and Purple Heart was carefully considered.

2.  General orders awarded the applicant the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence shows he participated in three campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  General orders awarded the units to which he was assigned while in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Gallantry Cross with Silver Star, 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.  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 22 July 1969 through 24 March 1972 and correction of his DD Form 214 to show this award.

6.  Although the applicant provides X-rays showing he received a fragment wound and notwithstanding his sincerity, his service record is void of any evidence that shows he was wounded or injured as a result of enemy action or received medical treatment.  His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound.  

7.  Regrettably, absent evidence which conclusively shows his wounds were sustained as a result of hostile action there is an insufficient basis for awarding the Purple Heart to the applicant.

8.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 Army Good Conduct Medal (First Award) for the period 22 July 1969 through 24 March 1972; and

   b.  adding the following to his DD Form 214:

*	Bronze Star Medal 
*	Army Good Conduct Medal
*	Three bronze service stars for wear with his previously-awarded Vietnam Service Medal
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Gallantry Cross with Silver Star Unit Citation
*	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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.  




      _______ _   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)                                         AR20120009773



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ABCMR Record of Proceedings (cont)                                         AR20120009773



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