IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080003862 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests all of the medals he is entitled to including award of the Purple Heart (PH) and the Bronze Star Medal (BSM).

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge) does not show award of the Purple Heart or the BSM.  He adds that he is entitled to these medals and desires that his DD Form 214 reflect these awards.

3.  The applicant provides no additional documents in support of his application even though he states that he provided orders and a certificate.

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 service records show that he was inducted into the U.S. Army for a period of 2 years on 21 May 1968.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11D (Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam (RVN) from 26 April 1969 through 5 April 1970.  Item 39 (Campaigns) of this document shows he participated in the TET Counteroffensive 69 Campaign.  Item 38 (Record of Assignments) of the DA Form 20 shows, in pertinent part, that he was assigned to Headquarters 3rd Squadron 11th Armored Cavalry Regiment, in the RVN, with principal duty as a Team Leader/Section Chief in Duty MOS 11D4O.

4.  There are no orders in the applicant’s military service records which show he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).  In addition, the applicant's name is not listed on The Adjutant General Office, Casualty Division's Vietnam Casualty Roster.

5.  There are no orders in the applicant’s military service records which show he was awarded the Bronze Star Medal.   His DA Form 20 in Item 41 shows that the applicant was awarded the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge (Rifle M-16), Sharpshooter Marksmanship Qualification Badge (Rifle M-14), Marksman Marksmanship Qualification Badge (Machine Gun M-60), Vietnam Service Medal, Vietnam Campaign Medal, First Award of the Good Conduct Medal and two Overseas Service Bars.  His DA Form 20 does not show an entry in Item 41 for the Bronze Star Medal or the Purple Heart.

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued at the time of his separation, shows in Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal and the Combat Infantryman Badge.  This document also shows the applicant was honorably released from active duty on 8 April 1970 after completing 1 year, 10 months, and 18 days of honorable active duty service.



7.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the TET Counteroffensive 69 Campaign, Vietnam.  

11.  The applicant's military service records contain a copy of the Department of the Army Headquarters US Army Armor School, Armor, Fort Dix, New Jersey, Special Orders Number 194, dated 12 July 1968.  This document shows, in pertinent part, that the applicant was awarded the Expert Marksmanship Qualification Badge (Rifle M-14).  The applicant’s DA Form 20 shows he was issued this badge.

12.  The applicant's military service records contain a copy of the Department of the Army Headquarters US Army Armor School, Armor, Fort Dix, New Jersey, Special Orders Number 205, dated 23 July 1968.  This document shows, in pertinent part, that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge (Rifle M-16).  The applicant’s DA Form 20 shows he was issued this badge.

13.  The applicant's military service records contain a copy of the Department of the Army Headquarters 11th Armor Cavalry Regiment, Special Orders Number 145, dated 2 June 1969.  This document shows, in pertinent part, that the applicant was awarded the Combat Infantryman Badge which is already shown on his DD Form 214.

14.  The applicant's military service records contain a copy of the Department of the Army Headquarters Squadron 11th Armored Cavalry Regiment (Vietnam), General Orders Number 3, dated 25 March 1970.  This document shows, in pertinent part, that the applicant was awarded the Good Conduct Medal (First Award) for exemplary behavior, efficiency and fidelity meritorious service during the period 21 May 1968 to 6 April 1970.

15.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant's assignment to Headquarters 3rd Squadron 11th Armored Cavalry Regiment, in the RVN, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 3 (1970).  This document also shows that at the time of the applicant’s assignment, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 53 (1970).

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

17.  Army Regulation 600-8-22 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 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, which includes the Vietnam Service Medal.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.


20.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

21.  Army Regulation 600-8-200 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese Government as a unit award for meritorious service.  

22.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at 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 30 consecutive days of the period cited.

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 applicant contentions that he is entitled to award of the Purple Heart and the Bronze Star Medal were carefully considered.  However, there is insufficient evidence to support these claims. 

2.  By regulation, in order to support award of the PH there must be evidence confirming that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record.

3.  There is no evidence in the applicant’s military service records that shows he was awarded the Purple Heart.  There also is no medical evidence in his records that shows he was wounded or treated for wounds as a result of hostile action. 
In this regard, the applicant failed to indicate at the time of his separation medical that he had sustained shrapnel wound or that he was treated for a wound.  In addition, the applicant's name is not listed on the Headquarters, Department of the Army, The Adjutant General Office, Casualty Division's Vietnam Casualty Roster.  In view of all of the foregoing, the applicant provides insufficient documentary evidence to support his claim for award of the Purple Heart in this case.  

4.  In addition, the applicant's record is void of any indication that he was ever recommended for or awarded the Bronze Star Medal while serving on active duty.  This award is not included in the list of awards contained on his DA Form 20 or in his DD Form 214, and he has failed to provide any independent evidence to confirm the action upon which he bases his request.  Therefore, there is an insufficient basis for awarding the Bronze Star Medal in this case.

5.  While available evidence is insufficient for showing the applicant was awarded the Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his/her Member of Congress under the provisions of 10 USC 1130.  In the alternative, he may wish research unit history files in the National Archives in College Park, Maryland to see if a copy of the orders are located there.

6.  Records show the applicant served in 1 campaign in Vietnam.  Therefore, he is entitled to correction of his records to show award of 1 bronze service star to be affixed to his already-awarded Vietnam Service Medal.

7.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge (Rifle M-14), Sharpshooter Marksmanship Qualification Badge (Rifle M-16) and the Marksman Marksmanship Qualification Badge.  Therefore, it would be appropriate to correct his record to show these awards. 

8.  General Orders awarded the applicant the Good Conduct Medal (First Award) for exemplary behavior, efficiency and fidelity during the period 21 May 1968 to 6 April 1970.  Therefore, it would be appropriate to correct his record to show this award. 

9.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show these foreign unit awards.


10.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X__  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by deleting the “VSM” from Item 24 of his DD Form 214; and adding to Item 24 of his DD Form 214 the “Good Conduct Medal, Vietnam Service Medal with 
1 bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge (Rifle M-14), Sharpshooter Marksmanship Qualification Badge (Rifle M-16) and the Marksman Marksmanship Qualification Badge.”




       _   ____X___   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.




ABCMR Record of Proceedings (cont)                                         AR20080003862



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ABCMR Record of Proceedings (cont)                                         AR20080003862



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