RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2006
	DOCKET NUMBER:  AR20060009937 


	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.


	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, in effect, that the Purple Heart, the Bronze Star Medal, the Army Commendation Medal with Second Oak Leaf Cluster, the Vietnam Service Medal with One silver service star and Two bronze service stars, the Republic of Vietnam Campaign Medal with 1960 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and that all other medals or decorations he may be authorized be added to his DD Form 214 (Report of Separation From Active Duty). 

2.  The applicant essentially states that certain awards and decorations were left off his DD Form 214. 

3.  The applicant provides the following in support of this application:

a.  his DD Form 214 that was issued at the time of his discharge from the Regular Army on 13 April 1979;

b.  a certificate showing that he was awarded the Purple Heart;

c.  his DA Form 2-1 (Personnel Qualification Record – Part II);

d.  orders awarding him the Bronze Star Medal, the Army Commendation Medal, and the Combat Infantryman Badge, and

e.  a letter from the National Personnel Records Center. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
13 April 1979, the date of his discharge from the Regular Army.  The application submitted in this case is dated 5 July 2006.  

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 applicant’s failure to timely file.
3.  The applicant requested that the Army Commendation Medal with Second Oak Leaf Cluster be added to his military records.  Although the applicant was awarded the Army Commendation Medal, there are no orders or other evidence 
authorizing award of two additional awards of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Army Commendation Medal with Second Oak Leaf Cluster  under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, the Army Commendation Medal with Second Oak Leaf Cluster will not be discussed further in this Record of Proceedings.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 that was issued at the time of his honorable discharge from the Regular Army on 
13 April 1979 show that he was awarded the Bronze Star Medal, the Army Commendation Medal, the Good Conduct Medal (5th Award), the National Defense Service Medal, the United Nations Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, the Drill Sergeant Identification Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant provided a certificate which shows that he was awarded the Purple Heart for wounds received in action on 3 September 1966 while serving in the Republic of Vietnam.  Item 26 of the applicant’s DD Form 214 does not show the award of the Purple Heart.  Item 9 (Awards, Decorations and Campaigns) of the applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) also does not show awarded of the Purple Heart.  However, there is a corresponding entry on the Vietnam Casualty Roster which conclusively shows he was wounded in action on 3 September 1966.

6.  The applicant requested that the Bronze Star Medal be added to his DD Form 214; however, this award is already listed in Item 26 of this document.

7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in, and that a silver service star is worn in lieu of five bronze service 
stars.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his two tours in Vietnam, the applicant was credited with participating in the Vietnam Defense Campaign, the Vietnam Counteroffensive Campaign, the Vietnam Counteroffensive Phase II Campaign, the Vietnam Summer-Fall 1969 Campaign, the Vietnam Winter-Spring 1970 Campaign, the DA Sanctuary Counteroffensive Campaign, and the Vietnam Counteroffensive Phase VII Campaign.  

8.  The applicant’s DD Form 214 shows that he was awarded the Republic of Vietnam Campaign Medal, but it does not show a 1960 Device.

9.  The applicant requested that the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214.  His DD Form 214 incorrectly shows that he was awarded the Vietnam Cross of Gallantry.

10.  The applicant also requested that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation be added to his DD Form 214.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant’s assignment to the 1st Battalion, 5th Infantry Regiment, 25th Infantry Division from August 1965 to October 1966, his battalion was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, as amended by Department of the Army General Orders Number 9, dated 1979.  

11.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

12.  Department of the Army Pamphlet 672-3 also shows that during the applicant’s assignment to the 25th Infantry Division from August 1965 to October 1966, and again from October 1969 to April 1970, the division was twice cited for award of the Meritorious Unit Commendation; once by Department of the Army General Orders Number 37, dated 1970, and again by Department of the Army General Orders Number 51, dated 1971.  It also shows that at the time of the applicant’s assignment to the 1st Battalion, 5th Infantry Regiment, the unit was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 2, dated 1967.  It also shows that at the time of the applicant’s assignment to Delta Military Assistance Command (DMAC), United States Army Advisory Group (USAAG), United States Military Assistance Command, Vietnam from 6 May 1970 to 20 October 1970, the command was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 51, dated 1971.

13.  Army Regulation 600-8-22 provides, in pertinent part, 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, and the medical treatment must have been made a matter of official record.

14.  Paragraph 9-19 of this same regulation states, in pertinent part, that the Republic of Vietnam Campaign Medal is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces and authorized by Department of Defense 1348.33-M.  To qualify for award personnel must have served in the Republic of Vietnam for 6 months between 1 March 1961 to 28 March 1973, both dates inclusive.  It also states, in pertinent part, that it is awarded to those who have served in Vietnam less than 6 months but were wounded by hostile forces.  It further states, in pertinent part, that the Republic of Vietnam Campaign Medal with Device (1960) and the miniature medal are items of individual purchase.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 
1 January 1944.  Service in a combat zone is not required, but must be directly related to the combat effort.  Units based in the continental United States are excluded from this award as are other units outside the area of operation.  The unit must display such outstanding devotion and superior performance of exceptionally difficult tasks as to set it apart and above other units with similar missions.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual. Only in rare cases will a unit larger than a battalion qualify for award of this decoration.  Paragraph 7-7 of this regulation also states, in pertinent part, that an Oak Leaf Cluster is authorized for wear for each additional award of the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Purple Heart, the Bronze Star Medal, the Vietnam Service Medal with one silver service star and two bronze service stars, the Republic of Vietnam Campaign Medal with 1960 Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and that all other medal or decorations he may be authorized be added to his DD Form 214

2.  Evidence of record clearly shows that the applicant was awarded the Purple Heart for wounds received in action against the enemy on 3 September 1966; therefore, he is entitled to correction of his military records to show the award of the Purple Heart.

3.  As the applicant’s DD Form 214 already shows the award of the Bronze Star Medal, there is no basis for adding this award to his DD Form 214.

4.  The applicant participated in seven campaigns during his two tours in Vietnam; therefore, he is entitled to correction of his military records to show one silver service star and two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

5.  The applicant’s DD Form 214 omitted the 1960 Device on his Republic of Vietnam Campaign Medal.  Therefore, he is entitled to correction of his military records to show the award of the Republic of Vietnam Campaign Medal with 1960 Device.

6.  The applicant’s DD Form 214 also incorrectly shows the award of the Vietnam Cross of Gallantry instead of the proper name for this unit award.  Therefore, he is entitled to correction of his military records to show the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Generals orders twice awarded the Meritorious Unit Commendation to the 25th Infantry Division while the applicant was assigned to this division, and awarded the Meritorious Unit Commendation to the United States Military Assistance Command, Vietnam while he was assigned to this command.  Therefore, he is entitled to award of the Meritorious Unit Commendation with Second Oak Leaf Cluster, and correction of his military records to show these unit awards.

8.  General orders also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Valorous Unit Award to the 1st Battalion, 5th Infantry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Valorous Unit Award, and correction of his military records to show these unit awards. 

9.  Records show the applicant should have discovered the alleged error now under consideration on 13 April 1979; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 April 1982.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact that there are no time limitations on requests for award of the Purple Heart, and the partial relief being granted in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__WC  __  __EM ___  __RN___  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 by:

	a.  showing award of the Purple Heart;

	b.  showing award of one silver service star and two bronze service stars to be affixed to his already awarded Vietnam Service Medal;

	c.  adding the Republic of Vietnam Campaign Medal with 1960 Device, and deleting the Republic of Vietnam Campaign Medal;

	d.  adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and deleting the Vietnam Cross of Gallantry; and

	e.  awarding the Valorous Unit Award, the Meritorious Unit Commendation with Second Oak Leaf Cluster, and the Republic of Vietnam Civil Actions Honor Medal First Class 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 showing the award of the Bronze Star Medal, as his military records and DD Form 214 already show this award.





_____  William Crain________
          CHAIRPERSON




INDEX

CASE ID
AR20060009937
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070308
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
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0014.0000
3.
107.0088.0000
4.
107.0094.0000
5.
107.0095.0000
6.
107.0033.0000
7.
107.0034.0000
8.
110.0400.0000