IN THE CASE OF:	  

		BOARD DATE:	        30 OCTOBER 2008

		DOCKET NUMBER:  AR20080006074 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal (BSM) (Second Oak Leaf Cluster) and the Purple Heart (Second Oak Leaf Cluster).

2.  The applicant states, in effect, that he served 2 tours of duty in the Republic of Vietnam (RVN) and these awards were not annotated on his DD Form 214. 

3.  The applicant provides a copy of his order awarding him the BSM with "V" Device (First Oak Leaf Cluster) and a copy of his Purple Heart (Second Oak Leaf Cluster) Award Certificate, in support of his 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.  On 5 December 1966, the applicant enlisted in the Regular Army for a period of 3 years.  He was trained in, awarded, and served in military occupational specialty (MOS) 71H (Personnel Specialist).  He attained the grade of specialist five/E-5.  On 11 July 1969, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  On 4 December 1972, he was honorably discharged from the USAR upon completion of his statutory military obligation. 

3.  The applicant served in the RVN from 5 December 1967 through 22 July 1968.  He performed duties as a personnel specialist with the 101st Administration Company, and as an armor intelligence specialist with Troop B, 2nd Squadron, 17th Cavalry (Airmobile).  

4.  The applicant served again in the RVN from 25 January 1969 through 22 May 1969.  He performed duties as a personnel management specialist with Headquarters and Headquarters Detachment, 11th Transportation Company and with the 1099th Transportation Company.

5.  The applicant's DD Form 214 shows he was awarded the Purple Heart and the BSM with "V" Device.  On 20 September 2007, he was issued a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) which corrected his DD Form 214 to show the Purple Heart (First Oak Leaf Cluster).  

6.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action for a third time.  However, his DA Form 20 (Enlisted Qualification Record) does show that he was a patient on 5 May 1969.  The applicant also provided a copy of his Purple Heart (Second Oak Leaf Cluster) Award Certificate showing he was wounded on 5 May 1969.

7.  The Vietnam Casualty Roster shows the applicant's casualty status code was "23" each time he was wounded in action.  This code indicates the status "hostile wounded in action, not serious hospitalized."  The Vietnam Casualty Roster shows he was wounded on 20 April 1968, 27 April 1968, and on the third occasion, 5 May 1969.

8.  General Orders Number 1327, Department of the Army (DA), Headquarters (HQ), U.S. Army Support Command, Saigon, dated 10 October 1969, awarded the applicant the BSM with "V" Device (First Oak Leaf Cluster) for action on
5 May 1969.  There is no evidence in his official record showing that he received the BSM with "V" Device (Second Oak Leaf Cluster).
9.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  The applicant's records show that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the Army Good Conduct Medal (AGCM).

9.  Army Regulation 672-5-1, in effect at the time, provides that the AGCM is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 are not disqualifying.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

11.  The applicant's records show he was awarded the Vietnam Service Medal with 2 bronze service stars.  However, his records indicate he participated in
6 campaigns:  the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive, 1969 campaigns.

12.  Appendix B of Army Regulation 600-8-22 lists all approved Army campaigns, including campaigns of the Vietnam War.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  This regulation also states that a silver service star is authorized in lieu of five bronze service stars.

13.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is on the Vietnam Casualty Roster showing that he was wounded for the third time on 5 May 1969.  Therefore, he is entitled to award of the Purple Heart (Second Oak Leaf Cluster) and to have his record corrected to show this award.

2.  General Orders awarded the applicant the BSM with "V" Device (First Oak Leaf Cluster) which is not shown on his DD Form 214.  Therefore, he is entitled to have his record corrected to show this award.

3.  There is no evidence in the applicant's official record that he was awarded the BSM with "V" Device (Second Oak Leaf Cluster) and the applicant has not provided any evidence of this third award.  Therefore, there is no basis upon which to grant this request.

4.  The applicant completed a qualifying period of service for the first award of the AGCM.  There is no evidence in the available records which show the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the AGCM for the period 5 December 1966 through 11 July 1969 and to correction of his records to show the award of the AGCM (First Award).

5.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

6.  Evidence of record shows that the applicant participated in 6 campaigns during his service in the RVN.  Therefore, he is eligible for award of 1 silver star and 1 bronze service star to be affixed on his already-awarded Vietnam Service Medal. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  __X______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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.  deleting the "Purple Heart (First Oak Leaf Cluster)" from the DD Form 214 and adding the "Purple Heart (Second Oak Leaf Cluster);"
	
b.  deleting the "BSM with "V" Device" from the DD Form 214 and adding the "BSM with "V" Device (First Oak Leaf Cluster)";

	c.  awarding the AGCM (First Award) for the qualifying period of 
5 December 1966 through 11 July 1969 and correcting the record to show this award;

	d.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award; and 

	e.  deleting the "Vietnam Service Medal with 2 campaign stars" from the DD Form 214 and adding the "Vietnam Service Medal with 1 silver service star and
1 bronze service star."

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 BSM with "V" Device (Second Oak Leaf Cluster).



      _________XXX_____________
               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)                                         AR20080006074



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ABCMR Record of Proceedings (cont)                                         AR20080006074



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