BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150002736


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, the daughter of the deceased former service member (FSM), requests correction of the FSM’s records to show he was awarded the Purple Heart.  She also requests that any other awards he was authorized or awarded be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the FSM was injured while in the Republic of Vietnam (RVN).  His injuries caused his disabilities and retirement from the military.  His service in the RVN caused him many disabilities both physical and mental.  He came back with a disease that did not show for a few decades.  He lived in pain every day after his return from the RVN.  He was proud of his country until the day he died.  He received full military honors and a certificate of honor.  For that the applicant is grateful; but she feels he should have also received the Purple Heart.

3.  The applicant provides copies of:

* The FSM’s DD Form 214 (Copy Number 1)
* The applicant’s South Carolina Driver’s License issued in 2008
* The applicant’s South Carolina Birth Certificate issued 20 June 2014
* The FSM’s South Carolina Death Certificate, issued 21 July 2014



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.  On 7 July 1969, the FSM enlisted in the Regular Army.  He was trained as a clerk typist.

3.  On or about 31 October 1969, the FSM departed the United States for duty in the RVN.

	a.  On 2 December 1969, he was assigned to Headquarters and Headquarters Detachment (HHD), 8th Transportation Company.

	b.  On 26 December 1969, he was assigned to HHD, 27th Transportation Battalion.

	c.  On 12 January 1970, he was assigned to 2nd Transportation Company.

4.  Records show the FSM was admitted as a patient to the 249th General Hospital on 7 February 1970.  A DA Form 285-1 (Accident Report) stated he was riding in the rear of a guntruck when it was involved in an accident resulting in his receiving contusions and concussion.  He was subsequently medically evacuated to the Medical Holding Company at Fort Jackson, South Carolina.

5.  On 23 July 1970, the FSM accepted nonjudicial punishment for being absent without leave (AWOL) on 15 and 16 July 1970.  His punishment consisted of a $20.00 forfeiture of pay.

6.  On 7 July 1971, the FSM was retired due to physical disability.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
11 months, and 29 days of creditable active duty service.



7.  The FSM’s DD Form 214 shows his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

   a.  in item 38 (Record of Assignments) that his conduct and efficiency ratings were excellent.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal; and

   b.  in item 40 (Wounds) that it is blank.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

10.  The applicant’s name is not listed on the Vietnam Casualty Roster.

11.  Army Regulation 600-8-22 (Military Awards), Appendix B, based on the applicant's dates of service in the RVN, he participated in the Vietnam Winter-Spring campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This pamphlet shows that HHD, 8th Transportation Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated in 1971, for award of the Meritorious Unit Commendation (MUC).  It also shows that DAGO Number 50, dated in 1971, cited the 2nd Transportation Company for this same award during the time of the applicant’s assignment to the company.  It further shows that the applicant’s unit was cited in DAGO 24, dated in 1972 for award of the RVN Gallantry Cross with Gold Star (RVNGCwGS).

13.  DAGO Number 8, dated in 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
14.  In a letter dated 15 October 2002, the Chief, Military Awards Branch, U.S. Total Army Personnel Command, informed the FSM that the injuries he sustained while riding in a truck that overturned when the driver lost control of it, were accidental in nature.  Because they were not the result of any action on the part of the enemy they did not qualify him for award of the Purple Heart. 

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM’s records should be corrected to show he was awarded the Purple Heart and any other awards he was authorized or awarded.

2.  The available evidence shows that the FSM served in the RVN for about 
3 months and was medically evacuated as the result of a motor vehicle accident.

3.  There are no available general orders awarding the FSM the Purple Heart.  The Vietnam Casualty Roster does not contain the FSM’s name.  The FSM’s 
DA Form 20 does not indicate he received any wounds as the result of the enemy.  The applicant has not provided substantiating evidence to support her contention that the FSM was wounded as a result of enemy action.  Therefore, this portion of the request should be denied.

4.  The available evidence shows that the FSM served in two different transportation units when each was awarded the MUC.  Therefore, his DD Form 214 should be corrected to show both of these unit awards.

5.  The applicant’s records show that he had 2 days of loss time during his period of recuperation for which he was required to forfeit $20.00 in pay.  There is no evidence of any other derogatory or negative service.  Furthermore, his records show he received all "excellent" conduct and efficiency ratings and attained the rank of specialist four.  Overall, his record shows his service was sufficiently deserving of award of the AGCM.  There is no evidence showing that the commander took any action to deny this medal to him.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

6.  Records show that the applicant participated in one campaign period during his service in the RVN.  Therefore, he is authorized to wear a bronze service stars on his already-awarded Vietnam Service Medal.

7.  Records show that the FSM’s unit was also awarded the RVNGCwGS.  Accordingly, this foreign award should be shown on his DD Form 214.

8.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit 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 for the period 7 July 1969 to 7 July 1971;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  adding to his DD Form 214:

* Army Good Conduct Medal
* Meritorious Unit Commendation (two awards)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Gold Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
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 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)                                         AR20140000079



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ABCMR Record of Proceedings (cont)                                         AR20150002736



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