IN THE CASE OF:	  

		BOARD DATE:	        04 DECEMBER 2008

		DOCKET NUMBER:  AR20080012257 


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 Reports of Transfer or Discharge (DD Forms 214) to show that he was awarded of the Purple Heart and the Bronze Star Medal.

2.  The applicant states that after he returned home from Vietnam, he received orders awarding him the Bronze Star Medal and the Purple Heart.  He states that his DD Forms 214 should be corrected to reflect both of these awards.

3.  The applicant provides in support of his application, a copy of Headquarters, 25th Infantry Division, General Orders Number 1023, dated 11 September 1966, awarding him the Bronze Star Medal; a copy of his DD Form 214 for the period ending 10 August 1966; a copy of his DD Form 214 for the period ending 24 May 1963; and a VA Form 21-4138 (Department of Veterans Affairs - Statement in Support of Claim 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 27 May 1960, the applicant enlisted in the Regular Army (RA) in Nashville, Tennessee, for 3 years, in the pay grade of E-1.  He successfully completed his training as a heavy weapons infantryman.

3.  On 24 May 1963, after completing 2 years, 11 months, and 28 days of total active service, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, at the expiration of his term of service and he was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.

4.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the Parachutist Badge, the Marksman Marksmanship Qualification Badge with Pistol Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, Second Class Gunner [currently known as the Marksman Marksmanship Qualification Badge] with Mortar Bar, the Driver and Mechanic Badge with Driver-W Bar.  His DD Form 214 also shows that he had no foreign and/or sea service and that he had received no wounds as a result of action with enemy forces during this period of enlistment.

5.  On 8 August 1963, the applicant reenlisted in the RA for 3 years in the pay grade of E-4.  He was transferred to Vietnam on 13 September 1963 and he was assigned to Company C, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division.

6.  While in Vietnam, the applicant participated in the following four campaigns:  the Vietnam Advisory Campaign, which extended from 15 March 1962 through 7 March 1965; the Vietnam Defense Campaign, which extended from 8 March through 24 December 1965; the Vietnam Counteroffensive Campaign, which extended from 25 December 1965 through 30 June 1966; and the Vietnam Counteroffensive Campaign, Phase II, which extended from 1 July 1966 through 31 May 1967. 

7.  The applicant returned to the Continental United States on 10 August 1966 and he was honorably discharged under the provisions of Army Regulation 
635-205, as an overseas returnee.  The DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the Good Conduct Medal, 


the Combat Infantryman Badge, the Vietnam Service Medal, and the National 
Defense Service Medal.  His DD Form 214 does not show that he received any wounds as a result of action with enemy forces during this period of enlistment.  

8.  General Orders Number 1023 awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from 19 January 1966 to 1 August 1966.

9.  The applicant's records do not show that he was wounded in action by enemy forces while he was in the Army.  Additionally, the applicant's name is not listed on the Vietnam Casualty Listing.

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for the Purple Heart.

11.  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.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1965 through August 1968 by Department of 
the Army General Order (DAGO) Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The Bronze Star Medal was awarded to the applicant for meritorious service in connection with military operations against a hostile force during the period 19 January 1966 to 1 August 1966.  Therefore, the applicant's DD Form 214 for the period ending 10 August 1966 should be corrected to show this award.

2.  The unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation in DAGO Number 48, dated 1971 and the Republic Vietnam Civil Actions Honor Medal First Class Unit Citation in DAGO Number 51, dated 1971.  He is also entitled to award of the Vietnam Campaign Medal for qualifying service in Vietnam during the period
13 September 1963 to 10 August 1966.  Therefore, these awards should also be included on his 10 August 1966 DD Form 214.

3.  Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

4.  The applicant's records do not show that he was wounded in action by enemy forces while he was in the Army.  The Vietnam Casualty Listing does not show that he was wounded in action by enemy forces and ADCARS does not contain orders that show he was ever awarded the Purple Heart.  Therefore, there is no basis for amending his DD Form 214 to show that he was awarded the Purple Heart.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation
600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

6.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.



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.  deleting the Vietnam Service Medal from the applicant's 10 August 1966 DD Form 214; and
   
   b.  amending the applicant's 10 August 1966 DD Form 214 to include, in addition to the awards shown, the Bronze Star Medal, the Vietnam Service Medal with four bronze service stars; the Vietnam Campaign Medal with Device (1960), the Parachutist Badge, Marksmanship Qualification Badge with Pistol and Mortar Bar, the Expert Marksmanship Qualification Badge with Rifle Bar, the Driver and Mechanic Badge with Driver-W Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 Purple Heart.



      _________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)                                         AR20080012257



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ABCMR Record of Proceedings (cont)                                         AR20080012257



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