IN THE CASE OF:	  

		BOARD DATE:  24 September 2013

		DOCKET NUMBER:  AR20130001943 


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 reflect all of his authorized medals, including the Bronze Star Medal (BSM) and Purple Heart with two oak leaf clusters.

2.  The applicant states his DD Form 214 does not reflect all of his awards.

3.  The applicant provides a copy of his DD Form 214 and a letter from the National Personnel Records Center (NPRC) authorizing the issuance of medal sets.

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 8 November 1965 for a period of 3 years and training as a helicopter mechanic.  He completed basic training at Fort Knox, Kentucky, and advanced individual training at Fort Eustis, Virginia, before being transferred to Germany on 22 April 1966.

3.  He departed Germany on 28 October 1966 and was transferred to Vietnam on 12 December 1966.  He was assigned to the 15th Medical Battalion, 1st Cavalry Division, for duty as a crew chief and served in two campaigns.

4.  On 19 June 1967, he sustained fragmentation wounds to his left shoulder and arm and was awarded the Purple Heart in General Orders Number 127 issued by Headquarters, 67th Evacuation Hospital, dated 20 June 1967.  He was evacuated to a hospital in Japan on 23 June 1967 and on to the hospital at Fort Gordon, Georgia, on 24 June 1967.

5.  On 15 November 1967, he was transferred to Fort Stewart, Georgia, where he remained until he was honorably released from active duty (REFRAD) on 7 November 1968.  He completed 3 years of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded or authorized the Aircraft Crewman Badge, Air Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Vietnam Service Medal.

6.  A review of his official records shows he was awarded the BSM and two awards of the Air Medal; however, there is no evidence to show he was wounded more than once or was awarded more than one Purple Heart.  Additionally, his name is not on the Vietnam casualty listing.

7.  The letter from NPRC provided by the applicant, dated 13 September 2006, indicates that NPRC authorized medal sets to the applicant for the BSM, Purple Heart with two bronze oak leaf clusters, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Aircraft Crewman Badge.

8.  His records also show that he had "excellent" conduct and efficiency ratings throughout his service 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) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.

	a.  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 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.

	b.  A bronze service star is authorized the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counter-Offensive and Vietnam Counter-Offensive Phase II campaigns.

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

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 the 15th Medical Battalion was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period the applicant served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the BSM, Purple Heart, and Air Medal and is entitled to have those awards added to his DD Form 214 at this time.

2.  He was issued an Army Good Conduct Medal set by NPRC and he met the qualifications for that award; therefore, it should be added to his DD Form 214 at this time.

3.  His unit was awarded the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and is entitled to have those awards added to his DD Form 214.

4.  He also participated in two campaigns and is entitled to have two bronze service stars added to his already-awarded Vietnam Service Medal.

5.  A review of his records failed to show he was awarded three Purple Hearts or that he qualified for three awards of the Purple Heart.  In the absence of evidence to show otherwise, there appears to be no basis to add award of the Purple Heart with two oak leaf clusters to his DD Form 214.

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:

* deleting award of the Air Medal and VSM from his DD Form 214
* adding award of the BSM, Purple Heart, Air Medal, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm 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 adding award of the Purple Heart with two oak leaf clusters 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)                                         AR20130001943



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ABCMR Record of Proceedings (cont)                                         AR20130001943



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