IN THE CASE OF:	

		BOARD DATE:	  30 October 2008

		DOCKET NUMBER:  AR20080011599 


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 separation document, DD Form 214, be amended to add the Air Medal (AM) for Valor, the second and third award of the Bronze Star Medal (BSM) for Valor (BSM for Valor with 2 Oak Leaf Clusters), a Purple Heart, and any other awards he may be entitled to receive.

2.  The applicant states that these decorations were omitted due to poor administration at the time.  The applicant adds that he received a shrapnel wound to his left ankle.

3.  The applicant provides General Orders Number 13879 dated 1 August 1970 which awarded him the BSM; General Orders Number 16972 dated 20 September 1970 which awarded him the AM; and award certificates.

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 records show that he enlisted in the Regular Army on 28 February 1969 and was awarded the military occupational specialty of heavy vehicle driver.

3.  The applicant was awarded the Marksman Marksmanship Badge with Rifle Bar (M16), the Sharpshooter Marksmanship Badge with Machinegun Bar, and the Expert Marksmanship Badge with Rifle Bar (M14).

4.  The applicant served in Vietnam from 22 July 1969 to 3 October 1970.

5.  While in Vietnam, the applicant was issued General Orders Number 13879, dated 1 August 1970, which awarded him the BSM; General Orders Number 2276 which awarded him the BSM for Valor, 1st Oak Leaf Cluster; General Orders Number 2619 which awarded him the BSM for Valor, 2d Oak Leaf Cluster; and General Orders Number 16972, dated 20 September 1970, which awarded him the AM for meritorious achievement.

6.  The applicant’s DA Form 20, Enlisted Qualification Record, shows that his conduct and efficiency were always rated as excellent.  Item 40 of this form, Wounds, is blank.

7.  The applicant was honorably released from active duty on 2 October 1970 due to his having insufficient time remaining on his enlistment to be reassigned to another unit after returning from overseas.

8.  The applicant’s DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, Combat Infantryman Badge, and the BSM.

9.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are:  Vietnam Summer-Fall 1969 (9 June 1969 through 31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 through 30 April 1970); DA Sanctuary Counteroffensive (1 May through 30 June 1970); and Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971).

10.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 

through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for wounds 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 a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 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.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, nonfavorable consideration was normally noted on the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded two additional BSMs for Valor is supported by General Orders.  As such, his DD Form 214 should be amended to read Bronze Star Medal for Valor, 2d Oak Leaf Cluster.

2.  While General Orders confirm the applicant was awarded the AM, the medal was awarded for meritorious achievement, not valor.  However, it would be appropriate to now add his AM to his DD Form 214.

3.  There is no evidence that the applicant was awarded the Purple Heart.  Item 40 of his DA Form 20, Wounds, is blank and there are no orders contained in the applicant’s records for this decoration.  As such, there is insufficient evidence in which to grant the applicant’s request for the Purple Heart.

4.  The applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars to be affixed to his already awarded Vietnam Service Medal based on the dates of his service in Vietnam.

5.  In addition, the applicant’s conduct and efficiency were always rated as excellent and there is no record of indiscipline contained in his records.  As such, it would appear that the applicant is entitled to the Good Conduct Medal for the period 28 February 1969 to 2 October 1970.

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.  amending his DD Form 214 from reading Bronze Star Medal to read Bronze Star Medal for Valor, 2d Oak Leaf Cluster;

	b.  adding to his DD Form 214 the AM, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already awarded Vietnam Service Medal; and

	c.  awarding to him the Good Conduct Medal for the period 28 February 1969 to 2 October 1970.

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 showing he was awarded the Purple Heart.



      ___________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)                                         AR20080011599



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ABCMR Record of Proceedings (cont)                                         AR20080011599



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