RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	29 April 2008  
	DOCKET NUMBER:  AR20070018019 


	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, that an already-awarded Bronze Star Medal, with "V" Device; a Purple Heart; and a second 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 the Bronze Star Medal, with "V" Device; a Purple Heart; and a second Bronze Star Medal; are not listed on his DD Form 214.  They were omitted completely.

3.  In support of his application, the applicant submits a copy of his DD Form 214; a copy of an awards certificate for the Bronze Star Medal, with "V" Device, dated 17 February 1971; and a copy of a certificate for award of the Purple Heart, dated 21 July 1970.

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 records show that he enlisted in the Regular Army on 3 January 1968.  He completed basic combat training at Fort Campbell, Kentucky, and his advanced individual training at Fort Leonard Wood, Missouri.  After completing all required training, he was awarded the military occupational specialty (MOS), 62G (Quarryman).  The applicant was later reclassified to the MOS 62E, Crawler Tractor Operator.

3.  The applicant served in Vietnam from 4 July 1968 through 23 January 1969, with Company A, 62nd Engineer Battalion.  He served from 24 January 1969 through 26 October 1969 with the 557th Engineer Company.  The applicant then served from 27 October 1969 through 6 September 1970 with Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division. 
4.  The applicant was honorably released from active duty, on 6 September 1970, under the provisions of Army Regulation (AR) 635-200, early release of overseas returnee.  He was separated in the rank and pay grade of Specialist Five, E-5.  On the date he was released from active duty, he had completed 2 years, 8 months, and 4 days active military service, with no time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the Bronze Star Medal; the Army Commendation Medal; the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16 Rifle); the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle); and four overseas service bars.  The Purple Heart; the Bronze Star Medal, with "V" Device; and a second Bronze Star Medal; are not shown among the applicant's authorized awards.

6.  The Bronze Star Medal award certificate the applicant provided for the Board's review shows it was awarded, with a "V" Device; however, the certificate shows it was awarded for heroism in ground combat for the period from 10 July 1970 to 1 September 1970.

7.  The applicant states he was awarded a second Bronze Star Medal; however, he provided neither a copy of general orders awarding him this second Bronze Star Medal nor an award certificate for the same.  There are no orders in the applicant's service personnel records for any Bronze Star Medal, either with a "V" Device or without.  The proof he was awarded a Bronze Star Medal is the entry in his DA Form 20, Enlisted Qualification Record, and the entry which now appears on his DD Form 214.

8.  The applicant was awarded the Purple Heart, for wounds he sustained on 12 July 1970, by General Orders 682, published by Headquarters, 18th Engineer Brigade, on 31 July 1970.  A copy of these orders was on file in the applicant's service personnel record.

9.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, showing the applicant was awarded a Bronze Star Medal, with "V" Device.  An entry does appear that shows the applicant was awarded the Bronze Star Medal, by General Orders 4453, by Headquarters, 1st Infantry Division, on 1 March 1970; however, a copy of these orders is not available for the Board's review.  It should be noted that a Bronze Star Medal [which was apparently awarded for either achievement or meritorious service] already appears on the applicant's DD Form 214.
10.  A search of the Awards and Decorations Computer-assisted Retrieval System (ADCARS) was made for orders awarding the applicant the Bronze Star Medal, with "V" Device.  No orders for this award were found in the ADCARS.

11.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

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

13.  While in Vietnam, the applicant participated in the following seven campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive, 1969, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.

14.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the units the applicant was assigned to, all subordinate units of the United States Army, Vietnam, were awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Order (DAGO) Number 8, dated 1974.

15.  DA Pamphlet 672-3 also shows that the 62d Engineer Battalion, one of the units the applicant was assigned to, was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 3 August 1967 through 9 February 1970, by DAGO 43, 1970.

16.  DA Pamphlet 672-3 also shows that the 557th Engineer Company, one of the units the applicant was assigned to, was also cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 3 August 1967 through 9 February 1970, by DAGO 43, 1970.

17.  DA Pamphlet 672-3 also shows that the 1st Engineer Battalion, one of the units the applicant was assigned to, was also cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period October 1965 through 7 April 1970, by DAGO 53, 1970.

18.  AR 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal or the Air Medal or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one “V” device may be worn on awards of the Army Commendation Medal, or the Air Medal or the Bronze Star Medal for heroism.

19.  AR 672-5-1, in effect at the time of the applicant's separation 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.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

20.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

21.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

22.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  This precludes wear of the Vietnamese Fourragere, which represents additional unit awards of the Republic of Vietnam Gallantry Cross.  Although wear of multiple awards of the unit citation is not authorized, official military personnel and historical records will indicate all awards received (emphasis added).  In those instances, however, where a single unit receives duplicate Vietnamese unit awards during the same period, only one unit citation will be recorded in the official military personnel and historical records.

23.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded the Purple Heart for wounds he received in action against a hostile enemy on 12 July 1970. Based on the evidence, the applicant is entitled to have the Purple Heart added to his DD Form 214.

2.  There is insufficient evidence the applicant was awarded the Bronze Star Medal, with "V" Device.  Notwithstanding the award certificate the applicant provided, the Bronze Star Medal, with "V" Device, is not shown on the applicant's DA Form 20 and it is not shown on his DD Form 214.

3.  There is insufficient evidence the applicant was awarded a second Bronze Star Medal, for either achievement or service.  A single award of the Bronze Star Medal, either for achievement or service, can be supported by the entry now shown in the applicant's DA Form 20.  It is noted a Bronze Star Medal already appears on the applicant's DD Form 214.



4.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, with "V" Device, and a second Bronze Star Medal, either for achievement or meritorious service, and adding it to his DD Form 214, this in no way affects the applicant’s right to pursue his claim for a second Bronze Star Medal and the Bronze Star Medal, with "V" Device, by submitting a request through his Member of Congress under the provisions of Title 10, USC 1130.

5.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was recommended for award of the Good Conduct Medal while he was undergoing installation clearance procedures for his departure from Vietnam.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 3 January 1968 through 6 September 1970.

6.  The applicant participated in seven campaigns while he served in Vietnam.  He is therefore entitled to award of one silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have the silver and bronze service stars added to his DD Form 214.

7.  The applicant served in units, which were awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation (three awards), while he was a member of these units.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  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:  

	a.  adding the already-awarded Purple Heart to the applicant's DD Form 214;

	b.  awarding the applicant the Good Conduct Medal for the period 3 January 1968 through 6 September 1970 and adding this award to his DD Form 214;

	c.  awarding the applicant one silver service star and two bronze service stars, to be affixed to his already-awarded Vietnam Service Medal, and adding these service stars to the applicant's DD Form 214; and 

	d.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation (three awards); and adding these unit 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 the addition of the Bronze Star Medal, with "V" Device; and a second Bronze Star Medal [for what may have been for achievement or service] to the applicant's DD Form 214.




      	_________x_____________
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018019



4


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508