BOARD DATE:	  21 October 2014

		DOCKET NUMBER:  AR20140004382 


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 the Purple Heart and bronze service star.

2.  The applicant states he was wounded in Vietnam in 1971 and the Purple Heart is not listed on his DD Form 214; neither is his bronze service star.  In 2003, when he received the medals he ordered, he received the Purple Heart and noticed it was not listed on his DD Form 214.

3.  The applicant provides no additional evidence.

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 10 February 1970.  He served in Vietnam from 2 September 1970 to 1 August 1971 while assigned as follows from:

* 2 to 16 September 1970, 23rd Administrative Replacement Detachment
* 17 September to 19 December 1970, Company D, 3rd Battalion, 1st Infantry
* 20 December 1970 to 1 August 1971, Company C, 3rd Battalion, 503rd Infantry

3.  He was honorably released from active duty on 10 December 1971 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 10 months, and 1 day of creditable active service with no lost time.

4.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Air Medal
* Army Commendation Medal 
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-79)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge
* Vietnam Campaign Medal with 1960 Device
* One Overseas Service Bar

5.  His record is void of orders for the Purple Heart.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not show the Purple Heart.  A review of the Adjutant General's Casualty Division's Vietnam casualty roster failed to show his name as a casualty.

6.  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.


7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  

8.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

9.  Army Regulation 672-5-1 (Military 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.

10.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  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.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  His records show that during his service in Vietnam he participated in two campaigns.

	b.  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.  

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  For Vietnam service, one Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

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: 

	a.  The 3rd Battalion, 503rd Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 through 16 March 1972, by DA General Orders (GO) Number 3, dated 1973.
	b.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 2 September 1970 to 1 August 1971 and during this service he participated in two campaigns.  Therefore, he is entitled to the Vietnam Service Medal with two bronzes service stars and correction of his DD Form 214 to shows this medal.

2.  He served honorably from 10 February 1970 through 10 December 1971.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any other derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show this medal.

3.  GO awarded his unit in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  He served in Vietnam from September 1970 to August 1971.  As both the arrival and departure months are credited as full months toward the Overseas Service Bar, he is entitled to a second Overseas Service Bar and correction of his DD Form 214 accordingly.  

5.  With respect to the Purple Heart, the criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as the result of hostile action, the wound/injury must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.  

6.  Notwithstanding the applicant's sincerity, there is no evidence in his records and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record.  His name is not listed on the Vietnam casualty roster, his DA Form 20 does not indicate he 


received a combat-related wound, and his record is void of orders for the Purple Heart.  In the absence of conclusive evidence that shows he was wounded as a result of hostile action and treated for those wounds there is an insufficient evidentiary basis upon which to correct his DD Form 214 to show the Purple Heart in this case.

7.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 February 1970 through 10 December 1971
* deleting from his DD Form 214 One Overseas Service Ribbon
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Two Overseas Service Bars





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 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)                                         AR20140004382



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ABCMR Record of Proceedings (cont)                                         AR20140004382



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