RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 SEPTEMBER 2005
DOCKET NUMBER: AR20050001661
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Ms. Deborah L. Brantley
Senior Analyst
The following members, a quorum, were present:
Mr. James Hise
Chairperson
Mr. Thomas OShaughnessy
Member
Mr. Patrick McGann
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to reflect two awards of the Bronze Star Medal.
2. The applicant states that he has copies of awards of the Bronze Star Medal for 7 October 1966 and 17 October 1966 but they were not noted on his separation document.
3. The applicant provides a copy of orders awarding him the Bronze Star Medal with "V" device on 17 October 1966 for his heroic actions on 28 May 1966 and copies of a 7 October 1966 and 17 October 1966 award certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 12 October 1966. The application submitted in this case is dated
28 January 2005.
2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. Records available to the Board indicate the applicant was inducted and entered active duty on 5 November 1964. In April 1965 he was assigned to the 2nd Battalion, 35th Infantry in Hawaii as a medical corpsman. In January 1966 he deployed with his unit to Vietnam.
4. According to orders issued on 17 October 1966 the applicant was involved in an operation against hostile forces on 28 May 1966 which resulted in his award of the Bronze Star Medal for heroism.
5. One of the Bronze Star Medal certificates was issued the same day the orders were published awarding the applicant the Bronze Star Medal. That certificate also reflects the date of the applicant's heroic action, 28 May 1966. The second certificate bears an issue date of 7 October 1966, but does not contain the date of action for the award was granted. Both certificates reflect the signature of the same general officer.
6. On 11 October 1966 the applicant departed Vietnam and on 12 October 1966 he was released from active duty with an honorable characterization of service. His separation document does not reflect award of the Bronze Star Medal. The separation document also omitted an Army Good Conduct Medal which was awarded to the applicant and confirmed in orders issued by the 35th Infantry on 28 October 1966, after the applicant had already been separated from active duty.
7. A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicants unit was credited with participating in two designated campaigns (Vietnam Counteroffensive and Vietnam Counteroffensive Phase II) during the applicants period of assignment. Two bronze service stars on the Vietnam Service Medal, which is recorded on his separation document, should reflect his campaign participation. The unit was also awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm. The unit award was also omitted from his separation document.
DISCUSSION AND CONCLUSIONS:
1. The evidence available to the Board confirms that the applicant was awarded the Bronze Star Medal for his heroic actions on 28 May 1966. It appears, however, that two certificates were prepared, one on 7 October 1966 and a second one on 17 October 1966. The fact that there is only one set of orders awarding the applicant the Bronze Star Medal with "V" device and no evidence of a second action for which he was recognized supports a conclusion that the certificates were likely duplicates. Because orders confirming the award were not published until after the applicant had already departed the command explains why the award was omitted from his separation document.
2. The evidence also confirms the applicant was awarded the Army Good Conduct Medal. That decoration should also be added to his separation document.
3. The applicant is entitled to two bronze service stars on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__JH ___ ___TO __ __PM ___ 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 and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:
a. by showing he was awarded one Bronze Star Medal for his heroic actions on 28 May 1966;
b. by showing he was awarded the Army Good Conduct Medal; and
c. by showing he is entitled to two bronze service stars on his Vietnam Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation with Palm.
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 a second award of the Bronze Star Medal with "V" device.
_______James Hise________
CHAIRPERSON
INDEX
CASE ID
AR20050001661
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20050920
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
ISSUES 1.
107.00
2.
3.
4.
5.
6.
ARMY | BCMR | CY2005 | 20050001661C070206
The applicant requests that his records be corrected to reflect two awards of the Bronze Star Medal. The separation document also omitted an Army Good Conduct Medal which was awarded to the applicant and confirmed in orders issued by the 35th Infantry on 28 October 1966, after the applicant had already been separated from active duty. The evidence available to the Board confirms that the applicant was awarded the Bronze Star Medal for his heroic actions on 28 May 1966.
ARMY | BCMR | CY2004 | 20040007419C070208
The applicant requests that his separation document be corrected to reflect award of two Army Commendation Medals, both with a “V” device, and the Purple Heart. United States Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. Unfortunately, there is no medical evidence which confirms that the applicant was wounded as a result of hostile action and as such, there is no basis for an award of the Purple Heart.
ARMY | BCMR | CY2003 | 2003087917C070212
The applicant requests that his records be corrected to reflect award of the Purple Heart, Army Commendation Medal with "V" device, and a Bronze Star Medal. There is no evidence, in available records, which confirms that the applicant was wounded in action. In the absence of orders, or evidence to the contrary, the Board accepts the applicant’s award certificate as authentication of entitlement to the Bronze Star Medal for heroism and, in the interest of justice, concludes it would be...
ARMY | BCMR | CY2005 | 20050004636C070206
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ARMY | BCMR | CY2002 | 2002070806C070402
The applicant requests that his records be corrected to reflect award of the Purple Heart and Bronze Star Medal with "V" device. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect entitlement to the Purple Heart, or a Bronze Star Medal with "V" device. As such, the Board concludes that it would be appropriate, and in the interest of justice to confirm award of the Bronze Star Medal but amend the period of the award to coincide with his...
ARMY | BCMR | CY2003 | 03097858C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence confirms that the applicant was wounded in action and awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that he was awarded the Purple Heart; b. showing that he qualified as a marksman with the M-16 automatic rifle, and as a first class gunner (now referred to as a...
ARMY | BCMR | CY2003 | 2003083628C070212
The applicant requests that his records be corrected to reflect award of the Bronze Star Medal with "V" device. Army Regulation 600-8-22 states that the Bronze Star Medal may be awarded to recognize meritorious service, achievement, or heroic actions. The unit awards, and four bronze service stars on his Vietnam Service Medal, denoting his campaign participation were omitted from his separation document.
ARMY | BCMR | CY2003 | 2003086762C070212
Evidence shows the applicant was awarded the Bronze Star Medal with “V” device for military actions on 19 March 1968, and as such it would be appropriate to correct his records to show award of one Bronze Star Medal with “V” device. Evidence shows that the applicant is entitled to two Purple Heart awards for being wounded twice in the Republic of Vietnam. There is no evidence in the available records to show the applicant was wounded a third time.
ARMY | BCMR | CY2009 | 20090014893
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 reflects the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, only one Army Commendation Medal, and one Bronze Star Medal. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. As a...
ARMY | BCMR | CY2009 | 20090019491
The evidence also confirms the applicant was awarded an Army Commendation Medal with V device. Records show the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Air Medal from his DD Form 214 and replacing it with two awards of the Air Medal; b. amending his DD Form 214 to add the V device to his already-awarded Army Commendation Medal and to add a...