IN THE CASE OF:	 

		BOARD DATE:	  14 August 2014

		DOCKET NUMBER:  AR20130021996 


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 Bronze Star Medal (BSM), Air Medal, and Purple Heart.

2.  The applicant states:

* he was discharged from the Army before the orders reached his file
* he was wounded in Vietnam in May 1969

3.  The applicant provides:

* BSM Citation and orders
* Air Medal orders
* DD Form 214
* letter from the National Personnel Records Center, St. Louis, MO, dated 18 October 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 was inducted into the Army of the United States on 8 August 1966.  He was discharged on 14 August 1966 for immediate enlistment in the Regular Army (RA).  He enlisted in the RA on 15 August 1966 for a period of 3 years.  He arrived in Vietnam on 27 October 1968.  He served as an aircraft armament repairman and he was assigned to Company C, 229th Aviation Battalion, 1st Cavalry Division (Airmobile), from 31 October 1968 to 3 August 1969.

3.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2799, dated 7 March 1969, awarded him the Air Medal for meritorious achievement in Vietnam during the period December 1968 to February 1969.

4.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 9010, dated 23 July 1969, awarded him the BSM for meritorious service in Vietnam during the period August 1968 to August 1969.

5.  He underwent a separation physical examination on 5 August 1969 which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.

6.  On 6 August 1969, he was honorably released from active duty in the temporary rank of sergeant after completing 2 years, 11 months, and 29 days of total active service with no lost time.

7.  His DD Form 214 for the period ending 6 August 1969 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

8.  There are no orders for the Purple Heart in the available records.

9.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

10.  His name does not appear on the Vietnam casualty roster.

11.  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 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

12.  There is no evidence that the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his period of service.

13.  Records show he participated in four campaigns during his assignment in Vietnam.

14.  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.  There must have been no convictions by a court-martial.

15.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record.

16.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.

17.  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 229th Aviation Battalion was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 9 August 1965 to 19 May 1969 in Department of the Army General Orders (DAGO) Number 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 17 September 1965 to June 1972 in DAGO Number 54, dated 1974
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period May 1969 to February 1970 in DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in DAGO Number 42, dated 1972

18.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the BSM and Air Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He contends he was wounded in Vietnam in May 1969.

3.  Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards.  The Purple Heart requires evidence to verify:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

4.  There is no evidence in the available records and he provided no evidence that shows he was wounded as a result of hostile action in Vietnam.  Therefore, there is insufficient evidence on which to base adding award of the Purple Heart to his DD Form 214.

5.  He was honorably released from active duty in the temporary rank of sergeant with almost 3 years of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 8 August 1966 through 6 August 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

6.  He participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars to be worn with his Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

7.  His unit in Vietnam was awarded Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment the unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

8.  His unit in Vietnam was also cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Although he is entitled to wear only one of these unit awards, his DD Form 214 should be corrected to show three 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 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 8 August 1966 through 6 August 1969; and

	b.  adding the following awards to his DD Form 214 for the period ending 6 August 1969:

* BSM
* Air Medal
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars for his already-awarded Vietnam Service Medal

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 adding 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)                                         AR20130021996



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ABCMR Record of Proceedings (cont)                                         AR20130021996



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