IN THE CASE OF:	

		BOARD DATE:	  23 April 2009

		DOCKET NUMBER:  AR20080017955 


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 he be issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows all of his awards.

2.  The applicant states he was an airborne infantryman who was wounded on the field of battle.

3.  The applicant provides a Bronze Star Medal and an Army Commendation Medal citation; General Orders Number 646, dated 20 January 1969, which awarded him the Purple Heart for wounds received in action on 25 May 1968; and Special Orders Number 177, dated 25 June 1968, which awarded him the Combat Infantryman Badge.

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 was inducted on 1 June 1967, was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and was promoted to pay grade E-4.

3.  He served in Vietnam with Company E, 1st Battalion (Airborne), 327th Infantry, 101st Airborne Division from 21 December 1967 to 2 January 1969.  He was honorably released from active duty on 3 January 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Award or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Vietnam Campaign Medal, Parachutist Badge, and the Vietnam Service Medal.  However, it does not show award of the Purple Heart, Bronze Star Medal, Army Commendation Medal, or the Combat Infantryman Badge.

5.  The applicant's military records are remarkably complete.  However, there are no orders awarding the applicant the Bronze Star Medal or the Army Commendation Medal.

6.  Likewise, his DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), does not list the Bronze Star Medal or the Army Commendation Medal.

7.  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 Bronze Star Medal or the Army Commendation Medal pertaining to the applicant.

8.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy 
including combat, support, and supply operations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  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.

10.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket (MPRJ), the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.

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

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in the following five campaigns:  Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968); Tet Counteroffensive (30 January 1968 - 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 19689 - 1 November 1968); and the Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  It also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.


13.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows that while the applicant was assigned to Company E, 1st Battalion (Airborne), 327th Infantry, 101st Airborne Division, it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by 
Department of the Army General Orders (DAGO) 43, (1970); and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 48 (1971).

DISCUSSION AND CONCLUSIONS:

1.  There are no orders substantiating the award of the Bronze Star Medal or the Army Commendation Medal to the applicant.  Therefore, in accordance with applicable Army regulations, the award citations alone are insufficient evidence with which to add these awards to his DD Form 214.

2.  As for the Purple Heart and the Combat Infantryman Badge, the applicant has submitted orders verifying that he was awarded these awards.  As such, it would be appropriate to add the Purple Heart and the Combat Infantryman Badge to his DD Form 214.

3.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star for wear on his Vietnam Service Medal.

4.  Based on the applicant's service in Vietnam, he is also entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these unit awards.

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 from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and 
   
   b.  adding to item 24 of the applicant's DD Form 214 the Purple Heart, Vietnam Service Medal with one silver service star, Combat Infantryman Badge, 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 adding the Bronze Star Medal and the Army Commendation Medal to his DD Form 214.



      __________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)                                         AR20080017955



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ABCMR Record of Proceedings (cont)                                         AR20080017955



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