RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070004849 


	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. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. Rodney E. Barber

Member

Mr. Rowland C. 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, in effect, award of the Purple Heart, the Army Commendation Medal (First Oak Leaf Cluster), the Good Conduct Medal (First Award), the Vietnam Service Medal with three bronze service stars, the Presidential Unit Citation or the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm and with Gold Star Unit Citations.

2.  The applicant states, in effect, that his Purple Heart was given to someone else.  The applicant continues that he has not received citations or certificates for the Good Conduct Medal or the Republic of Vietnam Gallantry Cross with Palm and with Gold Star Unit Citations. 

3.  The applicant continues that the Vietnam Service Medal should have three campaign stars instead of the two stars on the original ribbon, which can be verified by date.

4.  The applicant indicates that the 1st Cavalry Division was recommended for the Presidential Unit Citation for Cambodian Incursion but was awarded the Valorous Unit Citation.  The applicant continues that it's not politically correct to award a campaign when controversial events occur such as "Kent State Killings" as pointed out in the book, “Incursion”, by J. D. Coleman.  The applicant adds that this information can be easily verified by checking Division Records.

5.  The applicant indicates that he did not receive a ribbon for the Air Medal, but he has one now.

6.  The applicant included additional comments about his return to the United States from Japan and the 14 hours it took for out processing.

7.  The applicant provides copies of General Orders for award of the Army Commendation Medal, the Good Conduct Medal, excerpts from two books, and pictures of his medals in support of this application.

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 was inducted into the Army of the United States on 2 June 1969.  After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 82C (Artillery Surveyor).  The applicant served in the Republic of Vietnam during the period 14 November 1969 through 8 December 1970.  During his tour in the Republic of Vietnam he was awarded the primary MOS of 13A (Field Artillery Basic).  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), shows that on 9 December 1970, he was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The highest rank the applicant attained while serving on active duty was specialist four/pay grade E-4.  
3.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Gold Star or Palm Unit Citation, the Army Commendation (First Oak Leaf Cluster), the Vietnam Service Medal with three bronze service stars, or the Presidential or Valorous Unit Citation.  However, the applicant's record shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Bronze Star Medal, the Army Commendation Medal, and the Air Medal.

4.  There are no general orders in the applicant's records to show he was awarded the Purple Heart or the Republic of Vietnam Gallantry Cross with Gold Star.

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

6.  The applicant's name does not appear on the Vietnam Casualty Roster for injuries sustained as a result of hostile action while in the Republic of Vietnam.

7.  The applicant provided an excerpt from page 271 of the “Incursion", written by J.D. Coleman.  The page makes reference to the accomplishments and military awards of General George Casey's Commands and Divisions.  The applicant also provided several excerpts from the book called "Where We Were in Vietnam," written by Michael P. Kelley, which discusses the Non-U.S. Casualties of the Vietnam War, Campaign periods, and the authorization of military awards.

8.  Army Regulation 672-5-1 (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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.

9.  Department of the Army, Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 16982, dated 21 September 1970, awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service in connection with ground operations against a hostile enemy force in the Republic of Vietnam during the period November 1969 through November 1970.

10. Department of the Army, Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 21084, dated 4 December 1970, awarded the applicant the Good Conduct Medal (First Award) during the period 2 June 1969 through 3 Jan 1971.  

11.  Department of the Army, Headquarters, United States Army Training Center, Infantry, Fort Bragg, NC Special Orders Number 203, dated 22 July 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

12.  Department of the Army, Headquarters, United States Army Training Center, Infantry, Fort Bragg, NC Special Orders Number 205, dated 24 July 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

13.  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 Headquarters, 1st Cavalry Division (Airmobile) in the Republic of Vietnam the unit was cited for award of the Valorous Unit Award, by Department of the Army General Orders (DAGO) Number 43, 1972,

14.  Department of the Army Pamphlet 672-3 also 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 DAGO Number 11, dated 1973.

15.  Department of the Army Pamphlet 672-3 also shows the unit to which the applicant was assigned was cited for award of the Republic of the Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 1 January 1969 through 1 February 1970, based on DAGO Number 42, dated 1972.

16.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  The applicant's records indicate he participated in the Vietnam Counteroffensive Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII campaigns.

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in three campaigns during his tour of duty in 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 he is entitled to award of the Purple Heart due to injuries sustained by enemy fire and all awards he may be entitled.  

2.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant's name is not listed on the Vietnam Casualty Roster.

3.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base any award of the Purple Heart in this case.

4.  General Orders show that the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster).  Therefore, he is entitled to have his records corrected to show this award.

5. General Orders show the applicant was awarded the Good Conduct Medal (First Award).  Therefore, the applicant is entitled to have his records corrected to show this award.  



6.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to have his records corrected to show these qualification badges.

7.  General Orders show the applicant's unit was cited for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, the applicant is entitled to have his records corrected to show these foreign unit awards.

8.  Records show that the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 

9.  Review of the applicant's record does not show he is entitled to the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation, or any additional awards.

9.  Requests to be provided with service ribbons, service medals, and awards sets are not issued by the Army Board for Correction of Military Records (ABCMR).  However, you may obtain your medals by submitting your request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_PMS___  _REB__  __RCH___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by award of the Army Commendation Medal (First Oak Leaf Cluster), the Good Conduct Medal (First Award), the Valorous Unit Award; the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Bade with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and three bronze service stars to be affixed to his already-awarded Vietnam Service 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, Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Gold Star Unit Citation.




_Paul M. Smith___
          CHAIRPERSON

INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.