RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   28 August 2007
	DOCKET NUMBER:  AR20070004046 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Paul Smith

Chairperson

Mr. Rodney Barber

Member

Mr. Rowland Heflin

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 discharge document be corrected to include his Republic of Vietnam service awards.

2.  The applicant states that his Veterans Services Officer told him he was eligible for the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Purple Heart, and the Bronze Star Medal.

3.  The applicant provides copies of his discharge paper; and award orders for the Meritorious Unit Commendation, the Valorous Unit Award, and the Combat Infantry Streamer.

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's military personnel records do not contain general orders or other evidence that he was awarded the Bronze Star Medal.  In the absence of evidence supporting his award of the Bronze Star Medal, the applicant has an administrative remedy available to obtain this award under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence regarding submission of a recommendation for award of the Bronze Star Medal under this provision of law.  As a result, award of the Bronze Star Medal requested by the applicant is not discussed further in these Proceedings.

3.  The applicant is requesting correction of an alleged error, which occurred on 7 July 1966, the date of his discharge from the Regular Army.  The application submitted in this case is dated 14 March 2007.

4.  The applicant's record shows that he enlisted in the Regular Army on 12 August 1963 for three years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  Records also show that the applicant served in the Republic of Vietnam during the period 8 July 1965 to 4 July 1966.  Records show he was a radio operator and a rifleman in Company B, 2nd Battalion, 327th Infantry (Airborne).

5.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Bronze Star Medal, or the Purple Heart.

6.  Item 39 (Campaigns) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any operational campaigns.

7.  Item 40 (Wounds) of the applicant's DA Form 20 does not show any entries for wounds received during an operational campaign. 

8.  There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

9.  The applicant's record does not contain general orders which authorized him award of the Purple Heart.

10.  The applicant's name is not shown on the Vietnam Casualty Roster.

11.  The applicant's record shows that he was awarded the Combat Infantryman Badge (CIB) by General Order Number 27, 1st Brigade, 101st Airborne Division on 14 September 1965.

12.  The applicant provided copies of General Orders Number 2337, dated 24 May 1967, published by Headquarters, United States Army Vietnam, announcing the award of the Meritorious Unit Commendation to 1st Brigade, 101st Airborne Division for its gallant service in the Republic of Vietnam during the period July 1965 to October 1966.

13.  The applicant also provided a copy of General Orders Number 3565, dated 24 July 1968, published by Headquarters, United States Army Vietnam, announcing award of the Valorous Unit Award to 2nd Battalion, 327th Infantry 
which was either assigned or attached to 1st Brigade, 101st Airborne Division for extraordinary heroism while participating in military operations during the period 17 January 1966 to 25 March 1966.

14.  The applicant provided a third document, General Orders Number 214, dated 17 June 1966, published by Headquarters, I Field Force Vietnam, announcing the award of the Combat Infantry Streamer to 2nd Battalion, 327th Infantry, 1st Brigade, 101st Airborne Division for service in the Republic of Vietnam from 15 September 1965 to 25 March 1966.

15.  General George Washington at Newburgh, New York established the Purple Heart on 7 August 1782 during the Revolutionary War.  The President of the United States, per War Department General Orders Number 3, reestablished it in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds because of hostile action.

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 by a medical officer, 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.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of 
Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

19.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that a Combat Infantry Streamer is awarded when 65 percent or more of a separate infantry or ranger platoon, infantry or ranger company, battalion or brigade has been awarded the CIB during military operations against an opposing foreign force in war, or in military action where the CIB is authorized. The Combat Infantry Streamer is not an individual award that is shown on a Soldier's DD Form 214.  The Combat Infantry Streamer is attached to the unit's guidon, organizational colors, or distinguishing flag as unit recognition for its combat operations.

20.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

21.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.

22.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive and the Vietnam Counteroffensive Phase II campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his separation record does not show all his awards authorized from his service in the Republic of Vietnam.  The applicant contends he is entitled to award of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Purple Heart, the Meritorious Unit Commendation, the Valorous Unit Award, and the Combat Infantry Streamer.

2.  The applicant's personnel service records do not show award of the Purple Heart nor do the records contain documents that would indicate he was wounded as a result of hostile actions.  The applicant is not listed on the Vietnam Casualty 

Register as receiving treatment for combat wounds in the Republic of Vietnam.  There are no general orders announcing award of the Purple Heart for the applicant.  The applicant did not provide evidence or supporting documents to show award of the Purple Heart.  Therefore, the applicant does not meet the criteria for award of the Purple Heart.

3.  General Orders and Department of the Army Pamphlet 672-3 shows the applicant's unit was awarded the Valorous Unit Award, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He was also entitled to the Republic of Vietnam Campaign Medal, which is not shown on his separation document.  Therefore, he is entitled to correction of his record to show these four awards.

4.  Records also show the applicant was entitled to award of the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam, which are not shown on his separation document.  Therefore, he is entitled to correction of his record to show award of the Vietnam Service Medal with two bronze service stars. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__PS ___  __RB ___  ___RH __  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 to show award of the Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal.



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 the Combat Infantry Streamer.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




_______Paul Smith_________
          CHAIRPERSON




INDEX

CASE ID
AR20070004046
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070828
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.
107.033/.0073/.0088/.0094
2.

3.

4.

5.

6.