RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070008882 


	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. Loretta D. Gulley

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 award of the Combat Infantryman Badge, the Army Commendation Medal with 2nd oak leaf clusters, the Army Commendation Medal with “V” Device, the Purple Heart, the Soldier’s Medal and the Silver Star.

2.  The applicant states, in effect, that the awards are missing from his records. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of the orders awarding the Army Commendation Medal with “V” Device, and a copy of the orders awarding the Army Commendation with 2nd oak leaf clusters.

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 Board noted the applicant’s request for award of the Soldier’s Medal.  The applicant's DD Form 214 does not list the Soldier’s Medal as an authorized award.  There is no evidence that he was awarded or was recommended for award of the Soldier’s Medal.  The applicant has not exhausted the administrative remedy available to him 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 Soldier’s Medal under this provision of law.  As a result, award of the Soldier’s Medal requested by the applicant is not discussed further in these Proceedings.

3.  The Board noted the applicant’s request for award of the Silver Star.  The applicant's DD Form 214 does not list the Silver Star as an authorized award.  There is no evidence that he was awarded or was recommended for award of the Silver Star.  The applicant has not exhausted the administrative remedy available to him 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 Silver Star under this provision of law.  As a result, award of the Silver Star requested by the applicant is not discussed further in these Proceedings.

4.  The applicant's record show he was inducted in the Army of the United States on 24 April 1969.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B10 (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was Specialist Four (SP4). 

5.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 20 January 1970 through 
19 January 1971, and during his RVN tour he was assigned to 3rd Battalion, 21st Infantry, 196th Infantry Brigade, performing duties in MOS 11C, as a Gunner.  

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign Medal with 60 Device (RVNCM), the Combat Infantry Badge, the Army Commendation Medal with 1st oak leaf cluster, and the Expert Marksmanship Qualification Badge (M14).  

7.  On 11 December 1970, the applicant was honorably separated after completing a total of 1 year, 7 months, and 18 days of active military service.  The DD Form 214 he was issued shows he earned two Overseas Service Bars.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of additional awards or citations. 

9.  Special Orders Number 182, dated 1 July 1970, Headquarters, Americal Division, shows the applicant was awarded the Combat Infantryman Badge.

10.  Special Orders Number 12674, dated 19 September 1970, Headquarters, Americal Division, show the applicant was awarded Army Commendation Medal with “V” Device on 15 September 1970 for heroism.

11.  Special Orders Number 16702, dated 29 December 1970, Headquarters, 23rd Infantry Division, show the applicant was awarded Army Commendation Medal with 2nd oak leaf cluster for meritorious service from January 1970 to December 1970.
12.  Section 41 (Awards and Decoration) of the applicant's DA Form 20 does not show award of the Purple Heart.

13.  Section 42 (Remarks) of the applicant’s DA Form 20 (Service Record) does not show any entries for wounds received.  

14.  The Vietnam Casualty Roster does not list the applicant as wounded by hostile forces.  There is no evidence in the available records which show that the applicant sustained injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

15.  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.

16.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

17.  Paragraph 2-13 provides guidance on the VSM.  It states, in pertinent part, that one bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns, and it shows that during his tenure of assignment, the applicant was credited with participating in the, Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and the RVN Counteroffensive, Phase VII campaigns. 

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam conflict.  It confirms that during his tenure of assignment in the RVN, the applicant's unit (196th Infantry Brigade) was awarded the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1. The applicant contends that he is entitled to award of the Purple Heart, the Combat Infantryman Badge, the Army Commendation Medal with 2nd oak leaf cluster, and the Army Commendation Medal with “V” Device.

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 and he is not listed on the Vietnam Casualty Roster.  In the absence of such evidence, there is insufficient basis to grant award of the Purple Heart in this case.

3.  Special Orders show the applicant was awarded Combat Infantryman Badge which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

4.  Special Orders show the applicant was awarded Army Commendation Medal with 2nd oak leaf cluster which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

5.  Special Orders show the applicant was awarded Army Commendation Medal with “V” Device which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

6.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

7.  Records show the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__KLW__  __LMD __  __MJF__  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 showing the Combat Infantryman Badge, the Army Commendation Medal with 2nd oak leaf clusters with “V” Device, the RVN Gallantry Cross with Palm Unit Citation, and three bronze service stars to attach to his already awarded VCM.

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.  




____Kenneth L. Wright    _ _
          CHAIRPERSON





INDEX

CASE ID
AR2007000882
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/11/06
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.

2.

3.

4.

5.

6.