IN THE CASE OF:	  

		BOARD DATE:	  2 May 2013

		DOCKET NUMBER:  AR20120017374 


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 two awards of the Purple Heart be added to his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* his DD Form 214 does not show these awards
* he earned the two Purple Hearts while serving in Vietnam

3.  The applicant provides:

* two award certificates for the Purple Heart
* 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 was inducted into the Army of the United States on 
14 November 1969.  He arrived in Vietnam on 21 April 1970.  He served as an artillery crewman assigned to Battery B, 4th Battalion, 60th Artillery in Vietnam from 7 May 1970 to 20 April 1971.  On 2 September 1971, he was honorably released from active duty in the rank of specialist four after completing 1 year, 
9 months, and 19 days of creditable active service with no lost time.   

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)    

4.  There are no orders for the Purple Heart in the available records.  Additionally, 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 the Purple Heart pertaining to the applicant. 

5.  Item 20 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

6.  A telegram, dated 30 October 1970, shows he was slightly wounded in action on 30 October 1970 in Vietnam by a fragment while on a military mission when the area came under attack by a hostile force. 

7.  The Vietnam casualty roster shows he was wounded in action on 30 October 1970 and on 16 March 1971.

8.  He provided award certificates for the Purple Heart for wounds received in action on 30 October 1970 and 16 March 1971.

9.  Orders, dated 26 March 1971, show he received the Army Commendation Medal for meritorious service during the period 19 April 1970 to 18 April 1971.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

11.  Records show he participated in three campaigns during his assignment in Vietnam.

12.  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 4th Battalion, 60th Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders 54, dated 1974.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.  The regulation also states a bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.  

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

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The entries on the Vietnam casualty roster and the Purple Heart award certificates which show the applicant was wounded in action on 30 October 1970 and on 16 March 1971 are accepted as sufficient evidence on which to base adding two awards of the Purple Heart to his DD Form 214.

2.  Orders show he received the Army Commendation Medal.  His DD Form 214 should be corrected to show this medal. 
3.  He was honorably released from active duty in the rank of specialist four with 21 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 14 November 1969 through 2 September 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in three campaigns during his service in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show this unit 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 him the first award of the Army Good Conduct Medal for the period 14 November 1969 through 2 September 1971; and 







	b.  adding the Purple Heart (2nd Award), Army Commendation Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal 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)                                         AR20120017374





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ABCMR Record of Proceedings (cont)                                         AR20120017374



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