IN THE CASE OF:  	  

		BOARD DATE:  30 October 2014	  

		DOCKET NUMBER:  AR20140004778 


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, award of the Purple Heart and all other awards he is entitled to.

2.  The applicant states he sustained shrapnel injuries from enemy fire in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim), and five pages of photos.

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 U.S. Army on 13 August 1969.  He completed training and was awarded military occupational specialty (MOS) 13A.
The highest rank he attained while on active duty was specialist four/E-4. 

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

* Item 29 (Qualification in Arms):

* he qualified Expert with the (M-14) rifle
* he qualified Expert with the (M-16) rifle 

* Item 31 (Foreign Service), he was credited with service in Vietnam for the period 9 January 1970 through 3 December 1970 

* Item 38 (Record of Assignments) shows:

* he was assigned to 1st Battalion, 321st Artillery, 101st Airborne Division in Vietnam
* he received all "excellent" conduct and efficiency ratings

* Item 40 (wounds) no entry

* Item 41 (Awards and Decorations) of his DA Form 20 he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* one overseas service bar

4.  On 12 August 1971, he was honorably released from active duty.  His DD Form 214 shows he completed 2 years of active service and was awarded or authorized the:

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

5.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 13348, awarded him the Bronze Star Medal.
6.  There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There also is no evidence in his service personnel records that shows he was wounded in action or treated for wounds as a result of hostile action in Vietnam.  The applicant's name is not listed on the Vietnam casualty roster.

7.  Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained 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.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.

9.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974.

11.  Department of the Army Pamphlet-672-3 shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 
2 May 1970 by DAGO Number 48, dated 1971.

12.  The applicant provides five pages of photos which document his Vietnam service.

13.  The applicant provides a VA Form 21-4138 which states he sustained shrapnel injuries from enemy fire. 
DISCUSSION AND CONCLUSIONS:

1.  The criteria for award of the Purple Heart is clear in that the wound for which the award is made must have been sustained as a result of hostile action, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.

2.  His DA Form 20 contains no entries indicating he was wounded in action and there is no evidence in his military records that indicates he was treated for a combat-related wound.  His name is not listed on the Vietnam casualty roster.  The governing regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action and that the injury required treatment by medical personnel.  There is no such evidence in the applicant's military records.  Therefore, in the absence of such evidence, the documentation provided is insufficient evidence on which to base awarding him the Purple Heart.

3.  General Orders Number 13348 awarded him the Bronze Star Medal; therefore, he is entitled to correction of his  DD Form 214 to reflect this award.

4.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  There is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 13 August 1969 through 12 August 1971 and the correction of his records to show this award.
  
5.  The applicant was awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded VSM with three bronze service stars.

6.  Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

8.  Evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to reflect these awards.

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 (First Award) for the period
        13 August 1969 through 12 August 1971; 

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

     c.  adding to his DD Form 214 the :

* Bronze Star Medal
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar 
(M-16)










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 award of 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)                                         AR20140004778



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ABCMR Record of Proceedings (cont)                                         AR20140004778



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