IN THE CASE OF:	  

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140018326 


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 following awards:

* Purple Heart (PH)
* Air Medal (2nd Award)
* Bronze Star Medal (3rd Award)
* Army Commendation Medal (4th Award) with "V" Device 
* Republic of Vietnam (RVN) Gallantry Cross with Bronze Star

2.  The applicant states he noticed a discrepancy regarding the medals he is authorized to wear when he received a letter from the National Personnel Records Center (NPRC).  The authorized medals listed by the NPRC do not show all medals he is entitled to. 

3.  The applicant provides:

* two DD Forms 214
* two BSM Certificates
* two AM Certificates
* a memorandum
* letter from the NPRC
* letter of support



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                  20 November 1968.  He completed training and was awarded military occupational specialty 11B (Infantryman).  The highest grade he attained was sergeant (SGT).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the RVN beginning on 13 November 1969.

	b.  Item 38 (Record of Assignments) shows that during the period                    23 November 1969 to 23 October 1970 he served with Company D, 2nd Battalion, 14th Infantry, 25th Infantry Division.  He received all "excellent" conduct and efficiency ratings throughout his military service.

     c.  item 40 (Wounds) shows no entry

     d.  Item 41 (Awards and Decorations) shows the following:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) 
* Combat Infantryman Badge (CIB)
* ARCOM (6th Award) with "V" Device
* BSM (3rd Award) with "V" Device
* Expert Marksmanship Qualification Badge with Grenade Bar 
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16)

4.  General Orders Number 9921, issued by Headquarters, 25th Infantry Division, dated 27 September 1970 awarded him the basic AM for meritorious achievement while participating in aerial flight for the period 1 January 1970 to     1 June 1970.

5.  General Orders Number 10848, issued by Headquarters, 25th Infantry Division, dated 3 November 1970 awarded him the basic AM for meritorious achievement while participating in aerial flight for the period12 November
 1969 to 20 September 1970.

6.  On 28 October 1970, he was honorably released from active duty as a SGT after completing 1 year, 11 months, and 9 days of total active service.  His 
DD Form 214 shows he was awarded or authorized the following:

* NDSM
* RVN Campaign Medal with Device (1960)
* VSM
* AM
* BSM

7.  A memorandum, issued by Headquarters, U.S. Army Vietnam, dated 22
 February 1971 show he was authorized to accept and wear the RVN Gallantry Cross with Bronze Star.

8.  His record is void of documentation showing he was awarded the PH.

9.  Review of the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division, does not show the applicant's name listed as a casualty.

10.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) states 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 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.
12.  Review of his record indicates he is entitled to additional awards not listed on his DD Form 214.

13.  His record is void of documentation showing he was the subject of any disciplinary action during his active duty service.  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B.  His service in Vietnam coincided with three campaigns:

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

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the applicant's units were cited for award of the:

* RVN Civil Actions Honor Medal First Class Unit Citation for the period       1 January 1966 through 21 January 1970 by Department of the Army (DAGO) 51, dated 1971
* RVN Gallantry Cross with Palm Unit Citation for the period1 September 1968  through 30 September 1970, by DAGO 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for award of the Purple Heart.

2.  Item 40 of his DA Form 20 does not contain any entries indicating he was wounded as a result of hostile or enemy action.  There are no orders in his available records that show he was awarded the Purple Heart.  His name does not appear on the Vietnam casualty roster.
3.  Regrettably, in the absence of evidence showing he was wounded as a result of hostile action, that the wound required treatment by medical personnel, and that the treatment was made a matter of official record, there is an insufficient evidentiary basis for awarding him the Purple Heart.

4.  With respect to AM (2nd Award), orders show he was awarded the basic AM on two separate occasions; however, the periods covered in orders are overlapping and there is way to determine if this was an error or if the intent was to award him the AM (2nd Award).  Therefore, there is an insufficient basis upon which to correct of his DD Form 214 to show the AM (2nd Award).

5.  Records show he was awarded the CIB, the ARCOM (6th Award) with" V" Device, the BSM (3rd Award) with "V" Device, and the Expert Marksmanship Qualification Badge with Grenade Bar and Rifle Bars (M-14) and (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

6.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to SGT, and there is no record of any disciplinary action taken against him.  There is also no evidence of a commander's disqualification for award of the AGCM.  Based on his overall record of service, it appears that an administrative error occurred resulting in the applicant not being recommended 
for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) and correct his DD Form 214 to show this award.

7.  He was awarded the VSM and he participated in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously-awarded VSM.

8.  He served with 2nd Battalion, 14th Infantry, 25th Infantry Division, during the period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

9.  Records show he was authorized to wear the RVN Gallantry Cross with Bronze Star.  Therefore, he is entitled to correction of his DD Form 214 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 AGCM (1st Award) for the period 20 November 1968 through 28 October 1970, and

	b. correcting his DD Form 214 by deleting the VSM and the BSM and adding the – 

* AGCM (1st Award)
* ARCOM (6th Award) with" V" Device
* BSM (3rd Award) with "V" Device
* CIB
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Bronze Star
* Expert Marksmanship Qualification Badge with Grenade Bar and Rifle Bars (M-14) and (M-16)










2.  The Board further determined that the evidence presented was 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 AM (2nd Award) and 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)                                         AR20140018326



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ABCMR Record of Proceedings (cont)                                         AR20140018326



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