IN THE CASE OF:	  

		BOARD DATE:	        09 OCTOBER 2008

		DOCKET NUMBER:  AR20080012678 


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 correction of his records to show award of the Bronze Star Medal, the Army Commendation Medal, and the Purple Heart.

2.  The applicant states, in effect, that the above awards were left off his record and that they are important to him and his family.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 31 May 1969; a copy of Headquarters, 101st Airborne Division, General Orders Number 11456, dated 30 August 1969, showing award of the Bronze Star Medal; and a copy of an Army Commendation Medal Certificate with citation, dated 19 May 1969, 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.  The applicant's records show he was inducted into the Army of the United States on 23 April 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 31 May 1969.  The highest rank/grade he attained during this period of military service was private first class (PFC)/E-3.

3.  The applicant's records also show he served in the Republic of Vietnam from 7 October 1968 to 31 May 1969.  He was assigned to Company D, 1st Battalion, 327th Infantry, 101st Airborne Division.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Combat Infantryman Badge.  Item 24 does not show award of the Purple Heart, the Bronze Star Medal, or the Army Commendation Medal.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows a blank entry.  

6.  The applicant's name is not shown on the Vietnam Casualty Roster.

7.  There are no general orders in the applicant's records that show he was awarded the Purple Heart or the Army Commendation Medal.

8.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart or Army Commendation Medal orders on file for the applicant.

9.  Headquarters, 101st Airborne Division, General Orders Number 11456, dated 30 August 1969, shows the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from 1 January 1968 to 31 August 1969.

10.  The applicant submitted a copy of an Army Commendation Medal Certificate, dated 19 May 1969 and signed by the then Commanding General of the 101st Airborne Division, that shows he was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam during the period 1 November 1968 to 31 March 1969.

11.  The applicant also submitted a copy of the citation to accompany award of the Army Commendation Medal.  The citation also shows the applicant was awarded the Army Commendation Medal for distinguishing himself by meritorious achievement in ground operations in the Republic of Vietnam during the period 1 November 1968 to 31 March 1969.

12.  Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

14.  Army Regulation 600-8-22 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.

15.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.


16.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignment) of the applicant's DA Form 20 shows he received an "Excellent" conduct and efficiency rating throughout his military service.  

17.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal 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.

18.  Headquarters, 1st Basic Combat Training Brigade, Fort Ord, California, Special Orders Number 115, dated 18 June 1968, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 4 June 1968.

19.  Headquarters, 2nd Advanced Individual Training Brigade, Fort Ord, California, Special Orders Number 178, dated 30 August 1968, shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 1 August 1968.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 327th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders Number 48, dated 1971.

21.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

22.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases V and VI, and the TET 69 Counteroffensive campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

23.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Purple Heart, there are no General Orders that show the applicant was awarded the Purple Heart and there is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds.  In the absence of corroborating documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

2.  General Orders show the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam.  This award is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

3.  The applicant's record is void of the orders that awarded him the Army Commendation Medal.  However, his Certificate, dated 19 May 1969, and the accompanying citation for the award appear to be in order as to the time frame for the award and the signature of the issuing authority, and clearly show that he was awarded the Army Commendation Medal.  This award is not shown on his records; therefore, he is entitled to correction of his records to show this award.

4.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, which are not shown on his records.  Therefore, he is entitled to have his records corrected to show these awards.

5.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his records to show these awards.
6.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

7.  The evidence of record confirms that the applicant served honorably during the period 23 April 1968 to 31 May 1969.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

8.  The evidence of record shows the applicant served a qualifying period for award of the Vietnam campaign Medal, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 1 November 1968 to 31 March 1969; 

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 23 April 1968 to 31 May 1969; and

	c.  showing award of the Bronze Star Medal, the Army Commendation Medal, the Good Conduct Medal (1st Award), the Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 applicant's request for 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)                                         AR20080012678



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ABCMR Record of Proceedings (cont)                                         AR20080012678



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