IN THE CASE OF:	

		BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130017301 


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 add the Air Medal, Army Commendation Medal, Army Achievement Medal, and any other awards to which he is entitled.  He also requests award of the Purple Heart.

2.  The applicant states that following his honorable release from active duty he received various awards in the mail.  He was doing his best to forget about Vietnam at the time he received these awards and filed the awards away.  He was recently going through old files and realized that these awards were not listed on his DD Form 214.

3.  The applicant further states he was wounded on multiple occasions while serving in Vietnam.  He was wounded in the foot by a punji stick and he received a shrapnel wound from a Vietnamese hand grenade.  The medic and battalion medical staff treated him for both wounds.  He attempted to locate his medical records but they were either never created or destroyed.

4.  The applicant provides:

* Certificate and citation for award of the Air Medal
* Certificate and citation for award of the Army Commendation Medal
* Excerpt from General Orders (GO) Number 8015, dated 17 December 1969
* Certificate for award of the Army Achievement Medal
* Permanent Orders (PO) Number 29-9, dated 20 April 1984
* DD Form 214
* Claim form, Department of Veterans Affairs (VA), dated 11 September 2013
* Two VA Forms 21-4138 (Statement in Support of Claim), dated 
17 January 2014 and 20 January 2014

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 31 July 1968 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 7 January 1969 to 6 January 1970 and he served with Company A, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division from 19 January 1969 to 5 January 1970.

4.  GO Number 8015, issued by Headquarters, 4th Infantry Division, on 
17 December 1969 awarded him the Army Commendation Medal.

5.  GO Number 8219, issued by Headquarters, 4th Infantry Division, on 
28 December 1969 awarded him the Air Medal.

6.  There is nothing in the typical source documents to confirm he was wounded in action and/or treated for a combat injury/wound:

* item 40 (Wounds) of his DA Form 20 does not reflect a combat wound or injury
* item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
* his records do not contain general orders awarding him the Purple Heart
* his name is not shown on the Vietnam casualty listing
* a review of the Awards and Decorations Computer Assisted Retrieval System – an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the U.S. Army Human Resources Command Military Awards Branch – failed to reveal Purple Heart orders for him
* his official records do not contain a Department of the Army message or a Western Union telegram regarding any injury or wound
* there are no medical records which note any combat injuries or wounds

7.  On 30 July 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 2 years of net active service of which 1 year was credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* First Class Gunner Marksmanship Qualification Badge with Grenade Bar
* Two overseas service bars

8.  He provided PO Number 29-9, issued by the State of Illinois, Military and Naval Department, Springfield, IL, dated 20 April 1984 which awarded him the Army Achievement Medal for the period 1 February 1983 to 1 March 1984.

9.  He provided two VA Forms 21-4138, dated 17 January 2014 and 17 January 2014, wherein the authors of the statements indicated they served with the applicant in Vietnam and recall that he was injured in the foot by a punji stick and received shrapnel wounds from a Vietnamese grenade.  The authors of the statements also indicated that he received medical treatment for these wounds.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against and 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.


11.  Army Regulation 600-8-22 states one bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign for which a member is credited with participating.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 3rd Battalion, 12th Infantry Regiment was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 to 28 July 1968, by DAGO Number 3, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970, by DAGO Number 52, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969, by DAGO Number 53, dated 1970

13.  A review of his service records shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 31 July 1968 through 30 July 1970.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

15.  Army Regulation 635-5 (Separation Documents) at that time established the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal and the Air Medal. Therefore, he is entitled to correction of his DD Form 214 to add these awards.

2.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period of his assignment.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

3.  The evidence of record shows he participated in four campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.

4.  He served honorably during the period 31 July 1968 through 30 July 1970. There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal 
(1st Award) and correction of his DD Form 214 to add this award.

5.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile 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.

6.  His service record is void of any evidence that shows he was wounded or injured as a result of enemy action.  Unfortunately, the statements he provided do not constitute sufficient evidence to justify award of the Purple Heart.  In the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action, there is insufficient evidence upon which to base award of the Purple Heart.

7.  His record shows he was awarded the Army Achievement Medal after his 
DD Form 214 released him from active duty.  This award was issued while he was serving in a reserve status, not during the period covered by his DD Form 214.  Therefore, this award is not authorized for entry 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
31 July 1968 through 30 July 1970;

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

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Air Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
(2nd Award)
* 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 the Army Achievement Medal and 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)                                         AR20130017301





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ABCMR Record of Proceedings (cont)                                         AR20130017301



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