IN THE CASE OF:	

		BOARD DATE:	  22 October 2015

		DOCKET NUMBER:  AR20150004938 


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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show the: 

* Purple Heart
* Army Commendation Medal
* Recruiter Badge 

2.  The applicant states he did not get the requested awards put on his DD Form 214.  He was with the Concord, NH Recruiting Company when he was awarded the Army Commendation Medal as a recruiter.  He was also hit with shrapnel from a rocket when he was with the Marines at Conthien in April 1969.  A U.S. Navy Corpsman took care of him as there were only 18 Army personnel at the fire base and the rest were Marines.  He was injured in April 1968 and when he got hit, there were two other Army Soldiers at the time, one killed in action and the other was injured.  He served his country and got an honorable discharge.  He wants his DD Form 214 to reflect his awards.

3.  The applicant provides an amendment to orders and photograph.

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 11 October 1966.  He was honorably discharged on 13 October 1966 for the purpose of immediate enlistment in the Regular Army. 

3.  He served in Vietnam from on or about 15 October 1967 to 5 October 1968.  He was assigned to C Battery, 2nd Target Acquisition Battalion, 26th Artillery, from 22 December 1967 to 30 April 1968; and F Battery, 26th Artillery, from 1 May to 5 October 1968 

4.  General Orders (GO) Number 541, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, on 6 October 1969 awarded him the Army Good Conduct Medal (1st Award).

5.  He was honorably released from active duty on 13 October 1969 and he was transferred to the U.S. Army Reserve Control Group.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with 4 bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar 

6.  After a break, he enlisted in the RA on 31 July 1973.  He completed training and he was awarded MOS 91B (Medical Specialist).  Following this training, he was reassigned to the 514th Medical Company, Fort Devens, MA. 

7.  On 6 September 1974, by letter, the Commander, Medical Battalion (Provisional) Fort Devens, congratulated the applicant for "being awarded the Army Commendation Medal for outstanding performance as a Station of Choice recruiter at the Dover, NH area."  His records do not contain the official orders that awarded him this award. 

8.  On 28 February 1975, he completed a 5-week Army Recruiting and Career Counseling Course.  He was subsequently assigned in MOS 00E (Recruiting and Career Counselor) to the DRC, Concord, NH with duty in Dover, NH 
9.  GO Number 350, issued by Headquarters, Fort Meade, MD on 23 July 1975, awarded him the Army Good Conduct Medal (2nd Award).

10.  SO Number 76, issued by Headquarters, U.S. Army Northeastern Regional Recruiting Command, Fort Meade on 17 February 1976, awarded him a 1st Gold Star to the Army Recruiter Badge. 

11.  He was honorably discharged on 30 July 1976.  His DD Form 214 for this period of service shows he was awarded or authorized the: 

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Good Conduct Medal
* Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

12.  There is no evidence of record that shows he was injured or wounded as a result of hostile action.  Nothing in several typical sources shows he was awarded the Purple Heart or that he was wounded or injured as a result of hostile action.

	a.  His medical records are not available for review with this case.  Medical records would normally confirm if an injury or a wound occurred, if treatment was needed, and when treatment was rendered.

	b.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	c.  His personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action.  This was the proper notification procedure for injuries at the time.

	d.  His name is not shown on the Vietnam casualty listing.  This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart.

	e.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

13.  Army Regulation 600-8-22 (Military Awards) provides that 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

* injury caused by enemy bullet
* shrapnel or other projectile created by enemy action
* injury caused by enemy placed mine or trap
* injury caused by enemy released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire and/or concussion injuries caused as a result of enemy generated explosions

14.  Army Regulation 15-185 (ABCMR) states the Board begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

15.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the campaigns below.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive - 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968

DISCUSSION AND CONCLUSIONS:

1.  Although his records do not contain orders awarding him the Army Commendation Medal, the congratulatory letter, dated 6 September 1974, from the Commander, Medical Battalion (Provisional) for "being awarded the Army Commendation Medal for outstanding performance as a Station of Choice recruiter at the Dover, NH area" is sufficient to confirm he was indeed awarded the Army Commendation Medal.  His final DD Form 214 does not show this award. 
2.  GO awarded him the Army Good Conduct Medal (2nd Award).  His final 
DD Form 214 shows only one award. 

3.  SO awarded him a 1st Gold Star to the Army Recruiter Badge.  This award is not shown on his final DD Form 214.

4.  He was awarded the Vietnam Service Medal.  He also participated in four campaigns during his service in Vietnam.  His final DD Form 214 did not list any bronze service star associated with this award. 

5.  With respect to the Purple Heart: 

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  He states he was awarded the Purple Heart but does not provide the orders to support this contention.  His service record is void of any documentary evidence that shows he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty listing.  There is nothing in multiple typical sources including his medical records that confirm he was wounded as a result of hostile action or that he required treatment by medical personnel.

	c.  His service to our country and sincerity are not in question.  However, the three components of the Purple Heart are not satisfied.  In the absence of the orders or documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is an insufficient evidentiary basis to show he met the criteria for 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:

* deleting from his DD Form 214, ending on 30 July 1976 the Good Conduct Medal and Vietnam Service Medal
* adding to his DD Form 214, ending on 30 July 1976 the: 

* Army Commendation Medal
* Army Good Conduct Medal (2nd Award)
* Army Recruiter Badge with 1st Gold Star 
* Vietnam Service Medal with 4 bronze service stars

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 adding the Purple Heart to his DD Form 214. 



      __________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)                                         AR20150004938



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ABCMR Record of Proceedings (cont)                                         AR20150004938



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