IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120020571 


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 that his award of the Purple Heart and all of his authorized awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he received shrapnel wounds in his back when a booby trap exploded in September/October 1969.  He goes on to state that the shrapnel was removed at Fort Carson, Colorado on or about January 1970 when he developed an infection and was treated for almost a month.  Accordingly, he wants the Purple Heart added to his records. 

3.  The applicant provides a copy of his DD Form 214 and a copy of an Official Statement from the U.S. Army Reserve Personnel Center (ARPERCEN), dated         25 March 1988.

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 on 18 June 1968.  He completed his training as a light weapons infantryman at Fort Campbell, Kentucky and Fort Lewis, Washington before being transferred to Vietnam on 19 November 1968.

3.  He was assigned to Company C, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade and served in four campaigns before he departed on 
18 November 1969 for assignment to Fort Carson, Colorado.  He arrived at Fort Carson on 29 December 1969.

4.  On 19 June 1970, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 2 years and 2 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and Army Commendation Medal.

5.  On 25 March 1988, officials at ARPERCEN issued an Official Statement of Awards indicating that the applicant was entitled to awards of the:

* Army Commendation Medal with two oak leaf clusters (currently known as (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Campaign Ribbon with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars 

6.  On the same day, a DA Form 1577 (Authorization for Issuance of Awards) was issued to the applicant for the same awards.

7.  A review of the applicant’s official records and the Vietnam Casualty Listing failed to show any evidence of the applicant being wounded as a result of enemy action or being treated for any such wounds.  Additionally, his separation physical/medical examination failed to show any indication of any such injuries.
8.  However, his records do show that he had “excellent” conduct and efficiency ratings and his records are void of derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal. 

9.  Army Regulation 600-8-22 (Military Awards) 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.  While the sincerity of the applicant’s claim that he was wounded in Vietnam is not in doubt, the evidence of record and the evidence submitted with his claim fails to support his claim.  Therefore, in the absence of evidence to show that he was wounded as a result of hostile action and that treatment was made a matter of record, there appears to be no basis to add that award to his DD Form 214 at this time.

2.  The applicant met the qualifications for award of the Army Good Conduct Medal (1st Award) and it has already been issued to him.  Accordingly, it should be added to his DD Form 214 at this time.

3.  The applicant also served in four campaigns and is entitled to wear four bronze service stars on his Vietnam Service Medal and to have it added to his DD Form 214.

4.  He was also awarded the Army Commendation Medal (3rd Award) and is entitled to have these awards added to his DD Form 214.

5.  He was also awarded the Expert Marksmanship Qualification Badge with Automatic Rifle Bar and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars and is entitled to have these badges added to his 
DD Form 214.

6.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and is entitled to have those awards added to his DD Form 214 as well.



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:

* deleting the awards of the Vietnam Service Medal with three bronze stars and the Army Commendation Medal from his DD Form 214
* adding the following awards to his DD Form 214:

* Vietnam Service Medal with four bronze service stars
* Army Commendation Medal (3rd Award)
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars
* Republic of Vietnam Gallantry Cross with Palm 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 adding the award of the Purple Heart 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)                                         AR20120020571





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120020571



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1