IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080010596 


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 discharge document to show he was awarded the Bronze Star Medal, the Purple Heart (PH) and the Army Commendation Medal.  

2.  The applicant states, in effect, that his discharge document only shows the Combat Infantry Badge (CIB).  He adds that he was injured in operation Atlas Wedge, where he was told that he would receive the PH and the Army Commendation Citation (sic).   

3.  The applicant provides a copy of the Bronze Star Medal Citation and Certificate, dated 1 November 1969.

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 are not available to the Board for review.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s military service records show he enlisted and entered active duty in the Regular Army (RA) for a period of 2 years on 16 April 1968.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11D (Armor Recon Specialist).  The highest grade he attained was pay grade E-4.  The applicant’s military service records show he was assigned to Troop C, 1st Squadron, 4th Cavalry, 1st Infantry Division (USARPAC) in the Republic of Vietnam (RVN) from November 1968 to November 1969.

4.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in (USARPAC) in the RVN from 8 November 1968 through 16 November 1969.  Item 38 (Record of Assignments) of the DA Form 20 shows, in pertinent part, he was assigned to Troop C, 1st Squadron , 4th Cavalry, 1st Infantry Division (RVN) from 18 November 1968 to 16 November 1969.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and 2 Overseas Service Bars.

5.  The applicant's military service records contain a Standard Form (SF) 88 (Report of Medical Examination), dated 19 November 1969, which was completed by the attending physician at the time of the applicant’s medical examination prior to his release from active duty.  The document shows that the applicant was qualified for separation with no indication that he had sustained an injury or a wound.  This document was signed by the attending physician and the applicant.   

6.  The applicant's military service records contain his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.  The DD Form 214 also shows that the applicant was honorably released from active duty on 19 November 1969 and credited with completing 1 year, 7 months, and 4 days net service this period.  His DD Form 214 does not show the Purple Heart, the Bronze Star Medal or the 2 Overseas Service Bars.  

7.  There are no orders in the applicant’s military service records that 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).  The applicant's name is not listed on The Adjutant General Office, Casualty Division's, Vietnam Casualty Roster.

8.  There are no orders or other evidence in the applicant’s available service records that shows he was awarded the Army Commendation Medal.  There is no evidence in the applicant’s available service records that shows he was recommended for award of the Army Commendation Medal.

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.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11.  Headquarters, 1st Infantry Division, General Orders Number 13806, dated 
23 October 1969, show the applicant was awarded the Bronze Star Medal for meritorious service.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to Troop C, 1st Squadron, 4th Cavalry, 1st Infantry Division (USARPAC) in the Republic of Vietnam (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971).  This document also shows that, at the time of the applicant’s assignment to Troop C, 1st Squadron, 4th Cavalry, 1st Infantry Division (USARPAC) in the Republic of Vietnam (RVN), his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 51 (1971).

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.

14.  Army Regulation 600-8-22 (Military Awards) 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 recommendation, approval through the chain of command and announcement in orders are required.  

15.  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.  

16.  Army Regulation 670-1 governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message. For Vietnam service, 1 Overseas Service Bar is authorized for each period of
6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

17.  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.

18.  Army Regulation 600-8-22 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.

19.  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.

20.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

21.  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 a 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 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 contends, in effect, that his discharge document should be corrected to show that he was awarded the Bronze Star Medal was carefully considered and found to have merit.  

2.  General Orders Number 13806 awarded the applicant the Bronze Star Medal for meritorious service during the period of November 1968 to November 1969.  Therefore, the applicant’s records should be corrected to show award of the Bronze Star Medal.

3.  The available record of evidence show the applicant served a qualifying period of active duty enlisted service from 16 April 1968 to 19 November 1969 and that he distinguished himself by exemplary conduct, efficiency, and fidelity during this period of service.  Therefore, his records should be corrected to show award of the Good Conduct Medal.

4.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award. 

5.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

6.  The evidence of record shows that the applicant arrived in the Republic of Vietnam on 8 November 1968 and departed on 16 November 1969.  The evidence of record also shows that both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.  Thus, the applicant is credited with 12 months service in the Republic of Vietnam for purposes of awarding the Overseas Service Bar.  Therefore, he is entitled to correction of his records to show award of 2 Overseas Service Bars.

7.  The applicant contends, in effect, that he is entitled to award of the Purple Heart.  However, there is no evidence of record, and the applicant fails to provide sufficient evidence to support his claim, that he was wounded as a result of enemy fire in the RVN.  More specifically, there are no orders in the applicant’s military service records that show he was awarded the Purple Heart; there is no evidence in his records that shows he was wounded or treated for (said) 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); and the applicant's name is not listed on The Adjutant General Office, Casualty Division's, Vietnam Casualty Roster.  Moreover, upon physical examination of the applicant at the time of his separation from active duty, the physician indicated a normal evaluation in the Clinical Evaluation section of the Report of Medical Examination.  Thus, in view of all of the foregoing, the applicant is not entitled to award of the Purple Heart.  Therefore, in the absence of documentary evidence that the applicant was wounded in the RVN while in action against an enemy or as a result of hostile action, that the wound required treatment, and the medical treatment was made a matter of official record, there is insufficient evidence to support award of the Purple Heart in this case.

8.  There is no evidence in the applicant’s available service records that shows he was recommended for award of the Army Commendation Medal.  There are no orders or other evidence in the applicant’s available service records that shows he was awarded the Army Commendation Medal.  The evidence of record confirms the applicant was awarded the BSM for his meritorious service in the RVN between November 1968 and November 1969.  His record is void of any entries or orders that indicate he was ever awarded the ARCOM for the same period of RVN service covered by his BSM.  Therefore, in the absence of evidence to the contrary, there is insufficient evidence to support the applicant’s claim to the Army Commendation Medal.


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.  awarding the applicant Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 16 April 1968 to 19 November 1969.

     b.  adding to Item 24 of the applicant’s DD Form 214, with an effective date of 19 November 1969, the Bronze Star Medal, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 2 Overseas Service Bars.

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 award of the Purple Heart and the Army Commendation Medal. 





      _______ _   __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)                                         AR20080010596



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ABCMR Record of Proceedings (cont)                                         AR20080010596



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