IN THE CASE OF:	  

		BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20140016528 


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 award of the Purple Heart and the Bronze Star Medal.

2.  The applicant states, in effect that:

* he received the Purple Heart for wounds sustained on 
13 January 1970 against a hostile force while serving in Vietnam 
* he was in the hospital for 6 weeks and the paperwork was lost
* he was also awarded the Bronze Star Medal, but the orders show an incorrect social security number

3.  The applicant provides:

* DD Form 214
* Purple Heart award certificate
* DA Form 20 (Enlisted Qualification Record)
* Bronze Star Medal award certificate
* Bronze Star Medal Citation
* General Orders (GO) Number 371, dated 30 March 1970, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized)
* GO Number 644, dated 4 May 1970, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized)



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 in the Army of the United States on 16 April 1968.  After completing initial training, he was awarded military occupational specialty 11E (Armor Crewman).  The highest rank/grade held was specialist 5/E-5.  He served in Vietnam from 19 April 1969 to 31 March 1970.  

	a.  He was assigned to two units within the 5th Infantry Division during his tour in Vietnam:

* Company A, 1st Battalion, 77th Armor Regiment (on or about 29 June 1969)
* Troop A, 4th Squadron, 12th Cavalry Regiment (from on or about 30 June 1969 to on or about 28 March 1970)

	b.  He served in two campaigns.

3.  He was honorably released from active duty on 31 March 1970.  His DD Form 214 shows his SSN as xxx-x8-xxx8 and that he completed 1 year, 11 months, and 15 days of net active creditable service.  It does not show the award of either the Bronze Star Medal or the Purple Heart.  It does show he was awarded or authorized the following:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars

4.  His DA Form 20 shows his social security number (SSN) as 
xxx-x8-xxx8.  It shows in:

	a.  Item 38 (Record of Assignments), the applicant was rated as excellent for every assignment shown.

	b.  Item 40 ( Wounds), wounds to the abdomen, face, and left arm on 13 January 1970.

	c.  Item 41 (Awards and Decorations), a Purple Heart was pending, but does not show it awarded.  There are no entries regarding the Bronze Star Medal or the Army Good Conduct Medal.

5.  In his records are the following orders related to weapons qualification:

* Special Orders (SO) Number 163, dated 11 June 1968, issued by Headquarters, U.S. Army Training Center, Armor, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 139, dated 9 August 1968, issued by Headquarters, 
1st Training Brigade, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

6.  His records contain GO Number 644, dated 4 May 1970, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), which shows an amendment to GO 371, same headquarters.  The order amends dates of service for the award of the Bronze Star Medal.  Also in his record is a copy of the applicant's Bronze Star Medal Citation.  Both show his SSN as xxx-x0-xxx0.

7.  His records are void of any orders showing the award of the Purple Heart.  While most documents in his records show his military serial number, all found from this period lists his SSN as xxx-x8-xxx8.

8.  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, failed to reveal any orders for either the Purple Heart or the Bronze Star Medal pertaining to the applicant.

9.  His name is listed on the Vietnam casualty listing.  This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart.  The entry confirms that on 13 January 1970 the applicant was wounded as a result of hostile action while serving in Vietnam.
10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  

	b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

11.  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.  Records show he was wounded as a result of hostile action, the wound required treatment by medical personnel, and medical treatment provided was made a matter of official record.  He provided a Purple Heart Certificate so it is presumed he was awarded it, and it should be added to his DD Form 214.

2.  Orders show the applicant was awarded the Bronze Star Medal.  His 
DD Form 214 should be corrected to show this award.  Additionally, the orders found in his records, as well as the citation, both show an SSN he contends is incorrect.  A review of his record and an examination of his DD Form 214 all show the SSN he states is the correct one.  Both documents should be amended to show the SSN he states is correct.

3.  He is authorized to wear three bronze service stars on his already awarded Vietnam Service Medal.  His records also show he was awarded the Marksman Marksmanship Qualification Badge for both the M-14 rifle and the pistol.  His DD Form 214 should be corrected to show these awards.

4.  It appears he met the criteria for the award of the Army Good Conduct Medal (1st Award) for the period 16 April 1968 through 31 March 1970.  He should therefore be given this award and it should be added to his DD Form 214.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 16 April 1968 through 31 March 1970.

	b.  Amending GO Number 644, dated 4 May 1970, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), to show the applicant's SSN as listed on his DD Form 214.

	c.  Issuing a new Bronze Star Medal Certificate.

	d.  Deleting from his DD Form 214 the:

* Vietnam Service Medal
* Marksmanship Qualification Badge with Rifle Bar (M-14)

	e.  Adding to his DD Form 214:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal (1st Award)








* Vietnam Service Medal with three bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar 
(.45 caliber)



      _______ _   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)                                         AR20140016528





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ABCMR Record of Proceedings (cont)                                         AR20140016528



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