BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20140020067


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 (PH) (2nd Award), Bronze Star Medal (BSM) with "V" Device, and Army Commendation Medal (ARCOM).

2.  The applicant states:

   a.  the awards in question are not listed on his DD Form 214;
   
   b.  while under mortar attack, he was first wounded in Vietnam when something hit him in his right knee knocking him to the ground for which he was he was airlifted to Da Nang Field Hospital where he received treatment, recovered, and was awarded the BSM and PH;
   
   c.  just days before leaving Vietnam he was wounded in action when his middle finger was shot off at the first joint; and
   
   d.  he asked the medic not to send him to the hospital so he would not miss rotation; he completed his final few days in country, and boarded a chopper to return home.
   

3.  The applicant provides:

* DD Form 214
* Self-authored statement
* ARCOM Citation
* BSM Order

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's military records show he enlisted in the Regular Army on 30 June 1966.  He was trained in and awarded military occupational specialty 62B (Engineer Equipment Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 17 September 1967 to 16 March 1969 with the 39th Engineer Battalion.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings at each of his active duty assignments.

4.  Item 40 (Wounds) of the DA Form 20 contains no entry.  Item 41 (Awards and Decorations) contains the following list of awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM) with Device 1960 
* Mechanics Service Award with Bar 
* Expert Marksmanship Qualification Badge with M-14 Rifle and M-16 Rifle Bars
* 3 Overseas Service Bars

5.  The applicant's Official Military Personnel File (OMPF) contains no derogatory information and there is no documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  The applicant's OMPF contains two Headquarters, 18th Engineer Brigade, General Orders (GO) announcing awards he received:

   a.  GO Number 8, dated 5 January 1969, for the ARCOM 
   
   b.  GO Number 221, dated 12 April 1969, for the BSM with "V" Device 

7.  The applicant's record is void of orders or other documents that indicate he was awarded the PH by proper authority while serving on active duty.  The record does not include any medical treatment records that indicate he was treated for a combat-related wound or injury while serving in the RVN.

8.  On 13 March 1969, the applicant was honorably released from active duty, after completing 2 years, 8 months, and 14 days of active military service and transferred to the U.S. Army Reserve.

9.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster.  No entries pertaining to the applicant were found.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the following awards during his tenure on active duty:

* NDSM
* RVNCM
* VSM
* Mechanics Service Award with Bar
* Expert Marksmanship Qualification Badge (M-14 Rifle)
* 3 Overseas Service Bars

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer and that treatment must have been made a matter of the official record.

	b.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in and a silver service star is used to denote five bronze service stars.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following six campaigns:

* Vietnam Counteroffensive Phase III
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive

12.  Army Regulation 672-5-1 (Awards) 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.  

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (39th Engineer Battalion) earned the Meritorious Unit Commendation (MUC) and RVN Gallantry Cross (RVNGC) with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to two PHs, BSM, and ARCOM awards has been carefully considered and found to have partial merit.  The available evidence confirms the applicant was awarded the BSM with "V" Device and the ARCOM.  As a result, it would appropriate to add these awards to his DD Form 214.

2.  The applicant's record confirms he received "excellent" conduct and efficiency ratings during his military service.  Further, his OMPF is void of derogatory information.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active service from 30 June 1966 to 13 March 1969.

3.  The evidence of record also confirms the applicant qualified “expert” with the M-16 rifle and this qualification is not listed on his DD Form 214.  

4.  Further, based on the applicant's service and campaign participation in the RVN, he is also authorized the  MUC, RVNGC with Palm Unit Citation, and a silver service star and bronze service star to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his DD Form 214.

5.  Finally, there is no available evidence showing the applicant suffered any combat wounds as a result of enemy action.  In addition, his name is not included on the Vietnam Casualty Roster.  Absent evidence to corroborate his claim he was wounded twice as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in Vietnam the evidence is insufficient to show he met the criteria for award of the Purple Heart.

6.  The applicant and all others concerned should know that this action related to award of the PH 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:

   a.  awarding him the Army Good Conduct Medal (1st Award), for his qualifying honorable active duty service from 30 June 1966 to 13 March 1969;
   b.  deleting the following awards from item 24 of his DD Form 214:
   
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with M-14 rifle

   c.  adding the following awards to item 24 of his DD Form 214:
   
* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and 
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 awarding him two Purple Hearts.



      _______ _  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)                                         AR20140020067





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140020067



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1