IN THE CASE OF:	  

		BOARD DATE:	    19 September 2013

		DOCKET NUMBER:  AR20130002984 


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 Army Commendation Medal
* award of the Purple Heart

2.  The applicant states he is entitled to award the Purple Heart due to an injury he received to his ankle while in combat in Vietnam.

3.  The applicant provides:

* an Army Commendation Medal Certificate
* DD Form 214
* a memorandum from the Department of Veterans Affairs (VA)

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 17 April 1967.

3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

	a.  Item 29 (Qualification in Arms) he qualified:

		(1)  marksman with the M-14 rifle on 26 May 1967; and 

		(2)  sharpshooter with the M-16 rifle on 28 January 1969.

   b.  item 31 (Foreign Service) he served in Vietnam during the period
19 October 1967 to 18 October 1968;

   c.  item 38 (Record of Assignments) he served in Vietnam with Headquarters and Headquarters Company, 2nd Brigade, 9th Infantry Division, during the period 22 October 1967 to 18 October 1968;

	d.  item 38 he received "excellent" ratings for conduct and efficiency for his assignments;

   e.  item 40 (Wounds) no entry (blank); and

	f.  item 41 (Awards and Decorations) award of the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal, two Overseas Service Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  

4.  His official military records contain General Order Number 8747, dated 19 September 1968, showing he was awarded the Army Commendation Medal for meritorious service from 28 October 1967 to 19 September 1968.

5.  On 19 January 1970, he was honorably released from active duty.  His DD Form 214 shows he completed a total of 2 years, 9 months, and 2 days of active military service.  The DD Form 214 he was issued shows he was awarded the National Defense Service Medal and Vietnam Service Medal.  

6.  His record is void of any evidence and he has not submitted any evidence showing he sustained an injury as result of enemy action while assigned to Vietnam. 

7.  He submitted a memorandum from the VA, dated 4 May 2012, which shows he was awarded a 20 percent disability rating for a service-connected ligament sprain to his left ankle with limited motion of hindfoot.

8.  Review of the Adjutant General's Office Casualty Division's Vietnam casualty listing does not show the applicant as a casualty.

9.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) states 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.

12.  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 with no court-martial convictions.

13.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award 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 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)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)

14.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Brigade, 9th Infantry Division, was cited for award of the:

	a.  Presidential Unit Citation for action during the period 29 January to 
22 March 1968 in Department of the Army General Orders (DAGO) Number 45, dated 1969;

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 1 December 1966 to 30 June 1968 in DAGO Number 31, dated 1968; and

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 19 December 1966 to 28 June 1969 in DAGO Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  Award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of enemy action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.  

2.  The applicant's name is not listed on the Vietnam casualty listing.  There is no corroborating evidence of record or provided by the applicant that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Therefore, he is not entitled to award of the Purple Heart.

3.  General orders show the applicant was awarded the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The available evidence confirms the applicant served in the Regular Army from 17 April 1967 to 19 January 1970.  His records show he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 17 April 1967 to 
19 January 1970 and correct his DD Form 214 to show this medal.

5.  General orders awarded his unit the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 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.

6.  Records show the applicant participated in four campaigns while serving in Vietnam.  Therefore, he is authorized to wear four bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

7.  The applicant served in Vietnam during a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

8.  Evidence shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show these awards.

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 him the Army Good Conduct Medal (1st Award) for the period  17 April 1967 to 19 January 1970;

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

	c.  adding the Army Commendation Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam 
Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) to his DD Form 214.

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 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)                                         AR20130002984





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ABCMR Record of Proceedings (cont)                                         AR20130002984



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