BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20120022496 


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 award of the Purple Heart and Combat Action Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal.

2.  The applicant states he received a letter from the Army after he was discharged showing he had been awarded the Army Commendation Medal.  He sustained a combat-related injury to his left knee on 18 October 1968 that required medical evacuation and surgery.  He has been awarded a 40-percent disability rating for his knee injury by the Department of Veterans Affairs.

3.  The applicant provides copies of his DD Form 214 and a letter from the U.S. Army Quartermaster Center and Fort Lee, dated 4 November 1969.

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 service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

3.  The applicant served on active duty in the Army of the United States from 18 October 1966 through 17 October 1968 in military occupational specialty 84G (Photographic Laboratory Specialist).

4.  A message from the Commander, Naval Support Activity, dated 11 July 1968, states the applicant was hospitalized at the Naval Hospital Da Nang on 4 July 1968 with a diagnosis of internal derangement of his left knee and his prognosis was reported as good.  There is no notation that the injury was the result of hostile action.

5.  U.S. Army Vietnam General Orders Number 3673, dated 21 July 1968, awarded the applicant the Army Commendation Medal.

6.  The applicant's separation physical notes the knee injury but does not indicate it was a result of hostile action.

7.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  he was promoted to specialist five/E-5;

	b.  he arrived in Vietnam on or about 11 October 1967;

	c.  he served in Vietnam with Detachment B, 1st Military Intelligence Battalion, from 15 October 1967 through 5 July 1968;

	d.  his conduct and efficiency ratings as "excellent" for all periods except one "good" academic efficiency rating during a training assignment;

	e.  he was transferred to the U.S. Army Hospital, Camp Zama Japan, as a patient effective 6 July 1968;

	f.  item 40 (Wounds) is blank; and

	g.  item 41 (Awards and Decorations) does not list the Purple Heart, Army Commendation Medal, or Combat Action Badge.

8.  A letter from the U.S. Army Quartermaster Center and Fort Lee, dated 4 November 1969, states it was in receipt of an Army Commendation Medal that had been forwarded for presentation by his former unit.  It requested notification whether he desires a formal presentation or to have the medal sent to him.

9.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

10.  A review of the Vietnam casualty list failed to locate any reference to the applicant.

11.  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 that while the applicant was assigned to Detachment B, 1st Military Intelligence Battalion, it was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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

	a.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

	b.  The Purple Heart is awarded for a wound sustained in action against the enemy or as a result of hostile action.  The wound must have required medical treatment and the medical treatment must have been made a matter of official record.

	c.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B.  Authorized service stars will be worn on the appropriate campaign or service medal.  Based on the applicant's dates of service in Vietnam, he participated during the following four campaigns:  Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968), Tet Counteroffensive (30 January-1 April 1968), Vietnam Counteroffensive Phase IV (2 April-30 June 1968), and Vietnam Counteroffensive Phase V (1 July-1 November 1968).

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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The Combat Action Badge was not created until well after the applicant was discharged and was not made retroactive to a point prior to 18 September 2001.  Therefore, the applicant is not eligible for award of this badge.

2.  The applicant is shown to have received an injury to his left knee that required medical treatment.  However, there is no evidence that this injury was the result of hostile action.  Therefore, there is insufficient evidence to award him the Purple Heart.

3.  The applicant's award of the Army Commendation Medal was omitted from his DD Form 214.  It would be appropriate to correct his DD Form 214 to show this award.

4.  The applicant served in Vietnam during four campaigns and is authorized to wear four bronze service stars on his Vietnam Service Medal.  It would be appropriate to delete the Vietnam Service Medal from his DD Form 214 and replace it with the Vietnam Service Medal with four bronze service stars.

5.  The applicant's unit was awarded the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  It would be appropriate to add these unit awards his DD Form 214.

6.  The applicant distinguished himself as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to specialist five/E-5.  His records contain no indication of any disqualifying incidents or recommendations.  It would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) for his period of service from 18 October 1966 through 17 October 1968.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the applicant the Army Good Conduct Medal (1st Award) for his period of service from 18 October 1966 through 17 October 1968;

	b.  deleting award of the Vietnam Service Medal from his DD Form 214; and

	c.  adding award of the Army Commendation Medal, Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.

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 Combat Action Badge.



      ___________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)                                         AR20120022496



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ABCMR Record of Proceedings (cont)                                         AR20120022496



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