IN THE CASE OF:	  

		BOARD DATE:	    9 January 2014

		DOCKET NUMBER:  AR20130008643 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his award of the Purple Heart and two bronze service stars.

2.  The applicant states he was awarded the Purple Heart for a gunshot wound to the left leg in Vietnam; however, it was not added to his DD Form 214.  Additionally, he should have been awarded two bronze service stars.

3.  The applicant provides:

* his DD Form 214
* a letter from the National Personnel Records Center (NPRC), dated
25 January 2013
* a photocopy of a shadow box with medals

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 17 April 1968.  He completed his basic training at Fort Dix, NJ and his advanced individual training as a light weapons infantryman at Fort Ord, CA.  He was transferred to Fort Riley, KS for his first duty assignment.

3.  On 19 July 1969, he was transferred to Vietnam for assignment to
1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division.

4.  He served in two campaigns and departed Vietnam on 27 March 1970.  He was transferred to Oakland Army Base, CA where he was honorably released from active duty (REFRAD) as an overseas returnee.  He completed 1 year,
11 months, and 13 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Air Medal

5.  A review of his official record failed to show any evidence of the applicant being wounded or being awarded the Purple Heart.  Additionally, his name is not contained on the Vietnam Casualty Listing.

6.  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 U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  Further, his record is void of any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal.


8.  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.  It states:

	a.  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.

	b.  Paragraph 2-13 contains the regulatory guidance on 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, the applicant participated in the following two campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

9.  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 1st Battalion, 12th Cavalry Regiment, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through Feb 1970 by Department of the Army General Order (DAG) Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was awarded the Purple Heart is not in doubt, he has failed to show through the evidence submitted with his application and the evidence of record that such was the case.  There are no orders or entries to show he was wounded in action against the enemy and that treatment for such wounds was made a matter of record.  Therefore, in the absence of such evidence there appears to be no basis for adding the Purple Heart to his DD Form 214.


2.  Evidence shows the applicant served during two campaigns that entitle him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  After carefully examining the applicant’s record of service, it appears he should have received the first award of the Army Good Conduct Medal for his service from 17 April 1968 through 29 March 1970.  His record is void of any derogatory information that would have precluded the applicant from being awarded the first award of the Army Good Conduct Medal and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  As a result, it appears an administrative error occurred in this case.  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.  The applicant’s unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
17 April 1968 through 29 March 1970; and


	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* 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)                                         AR20130008643



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ABCMR Record of Proceedings (cont)                                         AR20130008643



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