RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060011101 


	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, award of the Purple Heart; the Bronze Star Medal, with Oak Leaf Cluster; the Silver Star; the Army Commendation, with Oak Leaf Cluster; and the Air Medal.  

2.  The applicant states, in effect, he received these awards and they are not shown on his DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge).  He also states that he received multiple awards, with oak leaf clusters, with no orders or documents. 

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 19 November 1970, the date of his separation from active duty.  The application submitted in this case is dated 19 July 2006 and was received for processing on 8 August 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's military records show he was inducted in the Army of the United States, in pay grade E-1, on 7 January 1969.  He completed basic and advanced individual training and was awarded military occupational specialty 11B, light weapons infantryman.  

4.  The applicant's records show he was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-16), on 9 April 1969.

5.  The applicant was promoted to pay grade E-5 on 26 August 1969.

6.  The applicant's records contain General Orders Number 7320, dated 26 January 1970, that show he was awarded the Bronze Star Medal, for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam, from 1 January 1970 to 30 April 1970. 
7.  The applicant's records contain General Orders Number 12008, dated 6 September 1970, that show he was awarded the Army Commendation Medal, for meritorious achievement in the Republic of Vietnam from 1 May 1970 to 31 August 1970.  

8.  The applicant's records contain General Orders Number 15093, dated 18 November 1970, that show he was awarded the Bronze Star Medal, for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, from December 1969 to November 1970.  This award is not shown on his DD Form 214.

9.  The applicant's records show that he served in the Republic of Vietnam from 17 December 1969 to 18 November 1970, with Company C and Headquarters and Headquarters Company, 5th Battalion, 46th Infantry, 198th Infantry Brigade, during three campaigns.

10.  The applicant was released from active duty (Overseas Returnee), in pay grade E-5, on 19 November 1970, and transferred to the United States Army Reserve, Control Group (Annual Training).

11.  Entries on the applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal; the Vietnam Service Medal; the Combat Infantryman Badge; the Republic of Vietnam Campaign Medal, with Device 60; the Bronze Star Medal; and the Army Commendation Medal.  The Purple Heart; the 2nd award of the Bronze Star Medal; the Silver Star; the Air Medal; the 2nd award of the Army Commendation Medal; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-16); and his three bronze service stars are not listed.  

12.  The applicant's records contain a letter, dated 2 September 1971, from the Army Reserve Components Personnel and Administration Center, which shows he was awarded him the First Oak Leaf Cluster to the Army Commendation Medal.  The applicant was advised that if he would like a formal presentation, he should sign the letter, and return it.  If he would like to have the award mailed to his home address, he did not need to return the letter.

13.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  His DA Form 20 (Enlisted Qualification Record) shows in item 40 (Wounds), "Missile Wound (L) Calf."

14.  The Vietnam Casualty Report, page 146, lists the applicant as hostile wounded in action status on 10 June 1970.
15.  The applicant requested correction of his records to show award of the Silver Star and the Air Medal.  There are no orders or other evidence authorizing award of these decorations to the applicant.  In the absence of proper award authority for these decorations, the applicant may request award of the Silver Star and the Air Medal 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 these awards.  As a result, these awards will not be discussed further in this Record of Proceedings. 

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.  The regulation also states that the Purple Heart is not governed by the statute of limitations.

17.  United States Army Vietnam (USARV) Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal could be awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  An oak leaf cluster is added to denote a second and succeeding awards.

18.  Army Regulation 600-8-22, also provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

19.  Army Regulation 600-8-22, further states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Bronze Star Medal and the Army Commendation Medal.

20.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  
21.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

22.  Army Regulation 600-8-22 provides the Army policy on awards.  It provides, in pertinent part, that bronze service stars are authorized for wear on the Vietnam Service Medal to denote a Soldier's campaign participation.

23.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with the 198th Infantry Brigade, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Orders Number 6, dated 1974. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to correction of his records to show an award of the Purple Heart.  The evidence of record shows that he was wounded on 10 June 1970, in the Republic of Vietnam, as a result of hostile action.  

2.  The evidence of record also shows that he was awarded the Bronze Star Medal for the period December 1969 to November 1970.  The evidence also shows he was awarded the Bronze Star Medal for the period 1 January 1970 to 30 April 1970.  This evidence is sufficient as a basis for correction of his records to show the Bronze Star Medal, with one Oak Leaf Cluster.

3.  The evidence of record confirms that the applicant was awarded the Army Commendation Medal with Oak Leaf Cluster, by his unit, after his separation from active duty.  Therefore, he is entitled to have the Army Commendation Medal, with Oak Leaf Cluster, shown on his DD Form 214.

4.  The applicant served in a unit, which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The applicant served in Vietnam for twelve months.  He is therefore entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two Overseas Service Bars and to have this award and these bars added to his DD Form 214.

5.  The applicant served in three campaigns while he served in Vietnam.  He is therefore entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal, which is currently shown on his DD Form 214.

6.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-16 Rifle).  This marksmanship qualification badge is not shown on his DD Form 214.  He is entitled to have this qualification badge added to his DD Form 214.

7.  The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal on 19 November 1970.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, it is concluded that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that award for the period 7 January 1969 to 19 November 1970.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 November 1970, the date of his separation from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 18 November 1973.  The applicant did not file within the 3-year statute of limitations.  However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case.

9.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

__LDS__  ___RSV _  ___J____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected:

	a.  by awarding him the Purple Heart for wounds received as a result of enemy action in the Republic of Vietnam on 10 June 1970; by showing he was awarded the Bronze Star Medal, with one Oak Leaf Cluster; the Army Commendation Medal, with one Oak Leaf Cluster; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; by awarding him two Overseas Service Bars; three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and awarding him the Good Conduct Medal for the period 7 January 1969 to 19 November 1970; and by adding them to the list of awards contained on his DD Form 214; and

	b.  by adding the already-awarded Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-16), to the applicant's DD Form 214, and by providing him a correction to his separation document that includes these awards.  




_____Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20060011101
SUFFIX

RECON

DATE BOARDED
20070322
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.