RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 May 2007
	DOCKET NUMBER:  AR20060015419 


	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. Gerard W. Schwartz

Acting Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Michael J. Flynn

Member

Ms. Rose M. Lys

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, in effect, that the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal while serving in Vietnam but his DD Form 214 did not recognize the fact that he had received it.  He has a copy of orders at home but his records do not reflect the award.  He is also requesting assistance for award of a Purple Heart. 

3.  The applicant provides a copy of his DD Form 214 and a copy of orders awarding him the Bronze Star Medal in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 3 December 1971, the date of his release from active duty.  The application submitted in this case is dated 18 October 2006 but was received for processing on 1 November 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 record shows he entered active duty on 31 January 1970.  The applicant successfully completed basic combat training and advanced individual training at Fort Dix, New Jersey.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 11D, Armor Intelligence Specialist.

4.  The applicant was promoted to pay grade E-4 on 16 December 1970.  He served in Vietnam from 26 June 1970 to 25 May 1971.  He served until he was released from active duty on 3 December 1971, in the pay grade of E-4.   He was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training). 


5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; and the Combat Infantryman Badge.  His DD Form 214 does not show any additional awards.

6.  The applicant provided a copy of orders awarding him the Bronze Star Medal, on 24 April 1971, for meritorious service in connection with military operations against a hostile force, during the period June 1970 to June 1971, while he served in Vietnam.  

7.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations). 

8.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

9.  The applicant's medical records are unavailable for review.

10.  The applicant's records contain a copy of orders awarding him the Army 
Commendation Medal, on 20 October 1970, for meritorious achievement in connection with military operations against a hostile force, during the period 1 September 1970 to 6 September 1970, while he served in Vietnam.  

11.  Army Regulation 600-8-22 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.  This regulation also provides that
there is no statute of limitations on requests for award of the Purple Heart.

12.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the two bronze service stars to which he is entitled for his campaign participation.  

13.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Order (DAGO) Number 42, dated 1972, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214. 


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Bronze Star Medal, on 24 April 1971, for meritorious service in connection with military operations against a hostile force, during the period June 1970 to June 1971, while he served in Vietnam.  Therefore, he is entitled to correction of his records to show this award.

2.  There are no orders awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no medical records available to show that he was treated for a wound that he may have received as a result of hostile action.  Therefore, there is an insufficient basis upon which to approve award of the Purple Heart.

3.  The applicant was awarded the Army Commendation Medal, on 20 October 1970, for meritorious achievement in connection with military operations against a hostile force, during the period 1 September 1970 to 6 September 1970, while he served in Vietnam.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in two campaigns and he is therefore entitled to be awarded two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these shown on his DD Form 214.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show this unit award.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 December 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 December 1974.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__RTD__  __MJF __  __RML__  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.  adding the already-awarded Bronze Star Medal and Army Commendation Medal to his DD Form 214; and 

b.  awarding the applicant the Vietnam Service Medal, with two bronze service stars; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and adding these awards to his DD Form 214.

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 and its addition to his DD Form 214.




____Richard T. Dunbar___
          CHAIRPERSON




INDEX

CASE ID
AR20060015419
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070503
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19711203
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.