IN THE CASE OF:	  

		BOARD DATE:	       26 February 2009

		DOCKET NUMBER:  AR20080018133 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart and the Bronze Star Medal for his service in the Republic of Vietnam.  He also requests copies of citations for the awards.

2.  The applicant states, in effect, that these awards were not entered on his 
DD Form 214.  He also states that these awards reflect on his character while in the U.S. Army and they are also needed to support his entitlement for medical benefits.

3.  The applicant provides, in support of his application, a copy of his 
DD Form 214. 

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 25 August 1965, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 13A (Field Artillery).           

3.  On 24 May 1967, the applicant proceeded enroute to the Republic of Vietnam, arriving on or about 23 June 1967.

4.  On or about 28 June 1967, the applicant was assigned duty as a cannoneer with B Battery, 2nd Battalion, 320th Artillery Regiment, in the Republic of Vietnam.  

5.  On or about 7 September 1967, the applicant was reassigned for duty as a cannoneer with Headquarters and Headquarters Battery, 2nd Battalion, 320th Artillery Regiment.

6.  On or about 14 October 1967, the applicant was reassigned duty as a cannoneer with D Battery (Provisional), 2nd Battalion, 320th Artillery Regiment. On or about 31 January 1968, he was assigned duty as a radio operator.

7.  On or about 1 March 1968, the applicant was assigned to the Medical Holding Detachment, 106th General Hospital, Japan, in a patient status.  The applicant's medical records are not available for review.  There is no available evidence showing the cause or circumstances for his hospitalization.

8.  On or about 8 April 1968, the applicant was assigned to  the Medical Holding Company, Fort Gordon, Georgia, in a patient status.

9.  General Orders Number 1696, 101st Airborne Division, dated 18 June 1968, awarded the applicant the Bronze Star Medal for meritorious service while assigned to the Republic of Vietnam.  The citation for this award is not available.  Therefore, there will be no further discussion of citation for this award in this Record of Proceedings.

10.  The applicant’s name is not listed on the Vietnam Casualty Roster.

11.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank.

12.  On 1 August 1968, the applicant was released early from active duty because he did not intend to reenlist after his hospitalization period.  He had attained the rank of specialist four, pay grade E-4 and had completed 
2 years, 10 months and 27 days of creditable active duty service.  He also had a total of 11 days of lost time during this period of active duty service.

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal with 1960 Device, Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart or Bronze Star Medal.

14.  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, and the medical treatment must have been made a matter of official record. 

15.  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 awarding the applicant the Army Commendation Medal. 

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

17.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Counteroffensive, Phase III and the Tet Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

18.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should show he was awarded the Purple Heart and the Bronze Star Medal.

2.  There are no general orders available that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  There is no available evidence showing that he received a wound as a result of hostile action or that the reason for his hospitalization period was due to hostile action.  Therefore, his request for award of the Purple Heart should be denied.

3.  General Orders show the applicant was awarded the Bronze Star Medal for meritorious service in the Republic of Vietnam.  This award should be added to his DD Form 214.

4.  Records show the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this award.

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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Bronze Star Medal, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm 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.  




      _______ _   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)                                         AR20080018133



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ABCMR Record of Proceedings (cont)                                         AR20080018133



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