IN THE CASE OF:	  

		BOARD DATE:	  	  16 December 2008

		DOCKET NUMBER:  AR20080004255 


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, in effect, correction of his separation document to show award of the already-awarded Purple Heart, the Bronze Star Medal, and the Army Commendation Medal.

2.  The applicant states these medals were awarded and through an administrative oversight, were not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant submitted the following orders published by Headquarters, United States Military Assistance Command, Vietnam (USMACV) in support of his application:
	
	a.  a copy of General Orders Number 6594, dated 2 December 1972 for award of the Purple Heart;

	b.  a copy of General Orders Number 5093, dated 25 November 1972 for award of the Bronze Star Medal; and

	c.  a copy of General Orders Number 6593, dated 21 December 1972 for award of the Army Commendation Medal.





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 record shows that he entered active duty as a commissioned officer in the Regular Army on 25 August 1969.  The highest rank/pay grade he attained while serving on active duty was captain (CPT)/pay grade O-3. 

3.  Item 18 (Record of Assignments) of the applicant’s DA Form 66 (Officer Qualification Record) shows he performed duties in the Republic of Vietnam as a “Phung Hoang Coordinator” with III Corps and MACV from 17 January 1972 through 6 April 1972.

4.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 shows he earned the National Defense Service Medal and the Vietnam Service Medal.  

5.  On 1 August 1973, the applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) after completing 3 years, 11 months, and 7 days of creditable active service.  The DD Form 214 he was issued shows he earned the National Defense Service Medal, the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Pistol (.45 Caliber) and Rifle (M-16) Bars.

6.  The applicant submitted a copy of General Orders Number 5093, dated
25 November 1972 which shows he was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period January 1972 through April 1972.

7.  The applicant submitted a copy of General Orders Number 6593, dated 
21 December 1972 which shows he was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force during the period January 1972 through April 1972.
8.  The applicant submitted a copy of General Orders Number 6594, dated 
2 December 1972 which shows he was awarded the Purple Heart for valorous service in connection with wounds received during military operations against a hostile force on 4 March 1972.

9.  The Human Resources Command’s Awards and Decorations Computer Assisted Retrieval System (ADCARS) contains USMACV General Orders Number 4093, dated 24 November 1968.  This order lists the same Soldiers as on General Orders Number 5093, dated 25 November 1972 and General Orders Number 6953, dated 21 December 1972 that were provided by the applicant.  However, the applicant's name does not appear on General Orders Number 4093; however, appears to have been inserted in the latter two orders.

10.  There are no orders in the applicant’s service personnel record which show he was awarded the Purple Heart.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show award of the Purple Heart.  

11.  The applicant's name is not listed on The Adjutant General Casualty Division's Vietnam Casualty Roster as being wounded in action as a result of hostile action.

12.  During the processing of this case, an advisory opinion was obtained from the Chief, Military Awards Branch, Human Resources Command (HRC), Alexandria, Virginia.  It is this official's opinion that the documentation submitted in support of the applicant's request for correction to this military record is fraudulent.  The advisory opinion based its opinion on several historical and administrative inaccuracies in the documentation.  The advisory opinion strongly suggests that relief not be granted to the applicant based on the evidence proving his documentations are fraudulent.

13.  On 24 October 2008, the Military Awards Branch official outlined the errors and inaccuracies in the applicant's documentation by providing the following facts:

	a.  General Orders Number 4093, Headquarters, USMACV, dated
24 November 1968 is a legitimate order number upon which the applicant based 
his submitted orders.  The list of names is the same.  It appears the applicant inserted himself on the order and changed the order number, date, the type of award, and the service dates of the other Soldiers listed on the order.
	
   
b.  General Orders Number 5093 submitted by the applicant contain the following inaccuracies:
	
		(1)  USMACV cut no orders on Saturday 25 November 1972, the Saturday after Thanksgiving.

		(2)  Colonel S_____ G____ was no longer The Adjutant General of USMACV in 1972.  Major General C______ A. C_______ was no longer the Chief of Staff of USMACV in 1972 [he was the COMUSPACOM (Commander, United States Pacific Command) and a lieutenant general].  The signing authorities for USMACV in 1972 were Colonel T_____ B. M______ and Major General J___ C. G_____.

		(3)  The highest order number in 1972 for USMACV is dated 20 December 1972 and is numbered 3417.

	c.  General Orders Number 6594 submitted by the applicant contains the following inaccuracies:

		(1)  The Purple Heart is never called the Purple Heart Medal.

		(2)  It is not awarded for "valorous service."

		(3)  The authority given in the order, "Executive Order 11046, 24 August 1962," is the award authority for the Bronze Star Medal.

		(4)  The format of the order is incorrect.

	d.  General Orders Number 6593 contains the basic same errors and inaccuracies as General Orders Number 5093 with the addition that that order was for award of the Army Commendation Medal and the authority listed is for award of the Bronze Star Medal.

14.  On 3 November 2008 the applicant was provided a copy of the HRC advisory opinion in order to have the opportunity to respond to its contents. 

15.  The applicant did not respond to the rebuttal to the advisory opinion rendered in his case. 


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 medical personnel, and the medical treatment must have been made a matter of official record.

17.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  

18.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he is entitled to correction of his record to show award of the Bronze Star Medal, the Army Commendation Medal, and the Purple Heart were carefully considered and found to be without merit. 

2.  There is no evidence in his service personnel records which shows he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant 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.  The advisory opinion strongly suggests that relief not be granted to the applicant based on the evidence proving his documentation is fraudulent.  There are no corroborating orders in the applicant’s records showing he was awarded the Bronze Star Medal, Army Commendation Medal, or the Purple Heart.  There are also no corroborating orders in ADCARS that show that the applicant was awarded any of the above awards.  Therefore, in the absence of corroborating evidence and the evidence proving his documentations are fraudulent, the applicant is not entitled to have his records corrected to show these awards. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




      		___________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)                                         AR20080004255



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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