IN THE CASE OF:	  

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130015380 


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 all of his authorized awards to include the Army Commendation Medal.  He also requests award of the Purple Heart.

2.  The applicant states his awards are not shown on his DD Form 214

3.  The applicant provides:

* Three VA Forms 221-4138 (Department of Veterans Affairs – Statement in Support of Claim), dated 13 July 2013
* DD Form 214, dated 16 June 1970 (two copies)
* Chronological Record of Medical Care
* Xeroxed photograph of two individual one of which he identifies as himself
* Special Orders Number 167, dated 16 June 1970
* Special Orders Number 121, dated 1 May 1970
* Letter Orders Number 07-1254149
* Army Commendation Medal Citation

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 2 August 1968.  He completed training as a water craft operator.  He arrived in Vietnam on 17 June 1969 and was assigned to the 97th Transportation Company.

3.  The applicant participated in the following three campaigns:

* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969
* Vietnam Winter-Spring 1970 Campaign, which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive Campaign, which extended from 1 May through 30 June 1970

4.  He departed Vietnam en-route to the United States on 16 June 1970.  He was honorably discharged as an overseas returnee.  Item 24 (Decorations, medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)

5.  There are no orders in the applicant's Army Military Human Resource Record (AMHRR) showing he was awarded the Army Commendation Medal.  

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 United States Army Human Resources Command failed to reveal any orders awarding him the Army Commendation Medal.

7.  The applicant's name is not shown on the Vietnam Casualty Listing as a battle causality.  His DA Form 20 (Enlisted Qualification Record) does not show he was wounded as a result of hostile action by enemy forces while he was in the Army.  

8.  The applicant provided VA Forms 21-4138 authored by his wife, mother, and himself stating that he was injured while he was in Vietnam and he had a cast with a metal brace to keep his hand straight.  He also provided a Chronological Record of Medical Care showing he had a fracture of the 5th metacarpal and that it was incurred in the line of duty.  However, none of the evidence he provided, aside from his own Statement in Support of Claim, shows that his injury was the direct result of hostile action by enemy forces.

9.  Army Regulation 600-8-22 (Military Awards) 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.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted, his supporting evidence has been considered.

2.  There are no orders in the applicant's record, nor did he provide any orders showing that he was awarded the Army Commendation Medal.  Therefore, this award should not be added on his DD Form 214.

3.  Additionally, there is insufficient evidence to show his injury was the direct result of hostile action by the enemy.  The Chronological Record of Medical Care does not state that he was wounded as a result of hostile action by the enemy and the injury is not shown on his DA Form 20.  His name is not shown on the Vietnam Casualty Listing as a battle casualty.  Therefore, he should not be awarded the Purple Heart.

4.  The applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  This information should be added on 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 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 amending item 24 on his DD Form 214 to show he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citations and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 amending his DD Form 214 

to show he was awarded the Army Commendation Medal and awarding him 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)                                         AR20130015380



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ABCMR Record of Proceedings (cont)                                         AR20130015380



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