IN THE CASE OF:	  

		BOARD DATE:	  18 August 2015

		DOCKET NUMBER:  AR20150000145 


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 award of the Purple Heart for wounds he received in August 1967, the Air Medal, and any other awards that were omitted from his DD Form 214.

2.  The applicant states his award of the Purple Heart was omitted from his DD Form 214.  His DD Form 214 was issued on 11 October 1968 and he was finally medically evacuated to U.S. Army Hospital in Yokohama, Japan.  

3.  The applicant provides a photocopy of envelopes and a note and envelope from a major general.

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 12 October 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13A (Field Artillery, Basic).

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

   a.  item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 20 March 1967 to 19 March 1968.
   
   c.  item 33 (Appointments and Reductions) he was promoted to sergeant (SGT)/E-5 on 13 February 1968.
   
   d.  item 38 (Record of Assignments) he was assigned to Battery C, 2nd Battalion, 19th Artillery, 1st Cavalry Division from 7 April 1967 to 15 March 1968.
   
   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) entries for award of the National Defense Service Medal, Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, one overseas service bar, and Bronze Star Medal (General Orders 597, Headquarters, 1st Cavalry Division (Airmobile)).

4.  His service record does not include orders which show he was awarded the Purple Heart or Air Medal.  In addition, his service record does not contain flight records or medical documents that show he was wounded in action.  The Vietnam casualty roster does not list his name.

5.  A citation in his service record shows he was awarded the Bronze Star Medal for "distinguishing himself by outstanding meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period March 1967 to March 1968."  This citation does not indicate he was wounded as a result of hostile action in the RVN.  

6.  He provided the following documents:

   a.  Photocopies of envelopes, date stamped in September 1967, which show his return address as the 106th General Hospital (Army), Army Post Office (APO) CA 96503.
   
   b.  Photocopy of an envelope, date stamped 29 September and 2 October 1967, and a statement from a major general who rendered him "Best Wishes For A Speedy Recovery From Your Fellow Sky Troopers."

7.  He was honorably released from active duty on 11 October 1968 in the rank of SGT.  He completed 2 years of active service with no lost time.  His DD Form 214 shows he completed 1 year of foreign service in the U.S. Army Pacific Command (USARPAC).  

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 National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal with two bronze service stars, RVN Campaign Medal with Device (1960), two overseas service bars, and the Bronze Star Medal.  

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 RVN 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 or Air Medal pertaining to the applicant.

12.  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.

13.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  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.

15.  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.   Appendix B shows that during his service in Vietnam, he participated in the following three campaigns:

* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January t 1 April 1968)  

16.  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's contentions that his award of the Purple Heart was omitted from his DD Form 214 and he was medically evacuated to a U.S. Army Hospital in Yokohama, Japan are acknowledged.  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 and medically evacuated out of Vietnam.  Additionally, his name is not listed on the Vietnam casualty roster.

2.  Although he provided photocopies of envelopes indicating his address at the 106th General Hospital and a statement from a major general wishing him a "speedy recovery," these documents alone are insufficient evidence to confirm he was wounded as a result of hostile action.  

3.  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.

4.  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.

5.  His service record is void of orders authorizing him award of the Air Medal.  Therefore, there is insufficient evidence on which to base correction of his records to show this award.

6.  His DD Form 214 currently reflects the Vietnam Service Medal with two bronze service stars.  However, he participated in three campaigns during his service in the RVN.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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.  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 12 October 1966 through 11 October 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 12 October 1966 through 11 October 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 12 October 1966 through 11 October 1968;
   
   b.  deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214; and
   
   c.  amending his DD Form 214 by adding award of the Vietnam Service Medal with three bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and Army Good Conduct Medal (1st Award).  

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 award of the Purple Heart and Air Medal.  




      _______ _   _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)                                         AR20150000145





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ABCMR Record of Proceedings (cont)                                         AR20150000145



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