IN THE CASE OF:	  

		BOARD DATE:	  29 May 2014

		DOCKET NUMBER:  AR20130017866 


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 (ARCOM) and Purple Heart.

 2.  The applicant states:

* General Orders Number 1155, dated 1 August 1972, awarded him the ARCOM for meritorious service on 1 September 1971  
* allegedly he was awarded a Purple Heart due to being wounded on 
23 December 1971

3.  The applicant submitted the following documents in support of his application: 

* orders
* two ARCOM certificates 

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's record shows he was inducted into the Army of the United States (AUS) on 22 June 1970.  He served in Vietnam from 20 November 1970 to 28 December 1971.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) he served in Vietnam with Headquarters and Headquarters Company, 20th Engineer Battalion (Combat) from 
30 November 1970 to 4 December 1971;

	b.  item 38 he served in Vietnam with 584th Engineer Company from 5 to 	  21 December 1971;

	c.  item 38 he received all "excellent" ratings for conduct and efficiency; 

	d.  item 40 (Wounds) is blank; and

	e.  item 41 (Awards and Decorations) does not show the ARCOM or Purple Heart.

4.  He submitted and his records contain General Orders Number 1155, issued by Headquarters, U.S. Army Engineering Command, Vietnam, dated 
1 September 1971, which show he was awarded the ARCOM for meritorious service during the period 12 July to 28 August 1971.

5.  On 29 December 1971, he was honorably released from active duty.  He completed 1 year, 6 months, and 8 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* one Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the Purple Heart pertaining to the applicant.

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

8.  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.

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

10.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows during his service in Vietnam participation credit was awarded for the following campaigns:

* Counteroffensive, Phase VII, (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Headquarters and Headquarters Company, 20th Engineer Battalion was cited for award of the:

a. Meritorious Unit Commendation for action during the period March 1970 to 
31 March 1971, in Department of the Army General Orders (DAGO) Number 43, dated 1972.

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 3 August 1967 to 9 February 1979 in DAGO Number 43, dated 1970.

12.  DAGO Number 8, dated 1974, awarded 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.

13.  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.  

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the ARCOM for service while assigned to the 20th Engineer Battalion.  Therefore, his DD Form 214 should be corrected to show this award.

2.  There are no orders or other corroborating evidence in the applicant's record or in ADCARS, and the applicant did not provide sufficient evidence, that confirms he was awarded a Purple Heart.  There is no evidence showing he sustained a wound as the result of hostile action.  Therefore, there is an insufficient evidentiary basis for granting his request.

3.  The applicant participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  DAGOs show the unit to which the applicant was assigned in Vietnam was awarded the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.




5.  The available evidence confirms the applicant served in the AUS from 
22 June 1970 to 29 December 1971.  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 22 June 1970 to 
29 December 1971 and correct his DD Form 214 to show this medal.

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

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
22 June 1970 to 29 December 1971; and

   c.  adding the Army Commendation Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 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 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)                                         AR20130017866





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ABCMR Record of Proceedings (cont)                                         AR20130017866



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