BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140013684 


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 all of his awards, including the Purple Heart and Air Medal.

2.  The applicant states:

* none of his medals were listed on his DD Form 214
* he went home on emergency leave and was processed out very quickly, a week before Christmas
* it also could be because of his Top Secret clearance

3.  The applicant provides:

* Purple Heart award certificate, dated 23 October 1968
* Citation for award of the Air Medal
* General Orders Number 6132, dated 25 June 1968, awarding him the Air Medal
* Disposition Form, dated 7 October 1968
* Scout Dog Training Certificate for the period 24 July to 14 October 1967
* Honorable Discharge Certificate, dated 1 March 1973



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 March 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

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

   a.  item 22 (MOSs) he was awarded MOS 11B on 11 October 1967 and MOS 11F (Infantry Operations and Intelligence Specialist) (date not indicated).
   
   b.  item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 25 November 1967 to 24 November 1968.
   
   c.  item 33 (Appointments and Reductions) he was promoted to sergeant (SGT)/E-5 on 7 July 1968.
   
   d.  item 38 (Record of Assignments) he was assigned to the 25th Infantry Platoon Scout Dog, 1st Cavalry Division (Airmobile) as a Scout Observer in MOS 11B1O and a Senior Scout Observer in MOS 11F4O in the RVN.
   
   e.  item 38 he received all "excellent" conduct and efficiency ratings throughout his service.
   
   f.  item 38 no entry indicating he was hospitalized in a patient status.
   
   g.  item 40 (Wounds) no entries indicating he was wounded in action.
   
   
   h.  item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, RVN Campaign Medal with Device (1960), Vietnam Service Medal, Combat Infantryman Badge, one Overseas Service Bar, Air Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.
   
4.  His service record contains Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 11, dated 11 January 1968, which show he was awarded the Combat Infantryman Badge.

5.  He provided the following documents:

	a.  a Citation and Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 6132, dated 25 June 1968, which show he was awarded the basic Air Medal for meritorious achievement while participating in aerial flight in the RVN during the period November 1967 to April 1968.

	b.  a Purple Heart award certificate, dated 23 October 1968, which shows he received wounds in action on 30 April 1968 in the RVN.

6.  His service record does not contain orders that show he was awarded the Purple Heart or medical documents that show he was wounded in action.  The Vietnam casualty roster does not list his name.

7.  He was honorably released from active duty on 20 December 1968 in the rank of SGT.  He completed 1 year, 9 months, and 13 days of total active service with no lost time.  His DD Form 214 shows he completed 1 year of foreign service in the RVN.

8.  His service record does not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

9.  His DD Form 214 shows he was awarded or authorized the two Expert Marksmanship Badges with Rifle Bar (M-14 and M-16) and the First Class Gunner Badge (Sharpshooter Marksmanship Qualification Badge with MachineGun Bar (M-60).

10.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 59, dated 1969.

11.  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 any orders for the Purple Heart pertaining to the applicant.

12.  ADCARS contains Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 12890, dated 4 October 1968, which show he was awarded the Bronze Star Medal for meritorious service, not involving participation in aerial flight, in connection with military operations against a hostile force in the RVN from November 1967 to November 1968.

13.  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 medical personnel, and the medical treatment must have been made a matter of official record.

14.  Army Regulation 600-8-22 states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

15.  Army Regulation 600-8-22 states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

16.  Army Regulation 600-8-22 states 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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, he participated in the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
17.  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 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided an award certificate which shows he was awarded the Purple Heart for wounds he received in action on 30 April 1968.  However, his service record is void of orders which confirm he was awarded the Purple Heart and void of medical documentation which indicates he was wounded as the result of hostile action.  His name is not listed on the Vietnam casualty roster.

2.  By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded as a result of enemy action, the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.

3.  In the absence of evidence that shows he was wounded or injured as a result of hostile action and the treatment was made a matter of official record, there is an insufficient basis upon which to award the Purple Heart.

4.  General orders show the applicant was awarded the basic Air Medal and the Bronze Star Medal.  Therefore, his DD Form 214 should be amended to reflect these awards.

5.  Special orders show he was awarded the Combat Infantryman Badge; therefore, this badge should be added to his DD Form 214.

6.  His service record shows he served a period of qualifying service in the RVN for award of the RVN Campaign Medal with Device (1960) and Vietnam Service Medal with one silver service star.  Therefore, his DD Form 214 should be amended to reflect these awards.



7.  His unit in Vietnam was cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this award.

8.  He completed a period of qualifying service for award of the National Defense Service Medal and his DD Form 214 should be amended to show this medal.

9.  The applicant's service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 8 March 1967 through 20 December 1968.  He was promoted to SGT/E-5 and he received all "excellent" conduct and efficiency ratings throughout his service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 8 March 1967 through 20 December 1968 and his DD Form 214 should be corrected to show this award.

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 8 March 1967 through 20 December 1968; and

   b.  amending his DD Form 214 by adding award of the Air Medal, Bronze Star Medal, Combat Infantryman Badge, RVN Campaign Medal with Device (1960), Vietnam Service Medal with one silver service star, RVN Gallantry Cross with Palm Unit Citation, National Defense Service Medal, and Army Good Conduct Medal.



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 correction of his DD Form 214 to show 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)                                         AR20140013684





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ABCMR Record of Proceedings (cont)                                         AR20140013684



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