IN THE CASE OF:	  

		BOARD DATE:	  7 May 2009

		DOCKET NUMBER:  AR20080019560 


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 his award of the Purple Heart be added to his 
DD Form 214 (Report of Separation from Active Duty) with an effective date of 
15 March 1971.  The applicant also requests the award of the Bronze Star Medal and that it be added to his DD Form 214.

2.  The applicant states he was informed that he was to be issued the Bronze Star Medal, but he does not have any orders for the award.

3.  The applicant provides, in support of his application, copies of his orders awarding him the Purple Heart, his certificate for the award of the Purple Heart, and 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.  The applicant's military personnel records show he enlisted in the Regular Army on 26 July 1968 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 44C (Welder).

3.  On 12 April 1969, the applicant was assigned to Company B, 815th Engineer Battalion (Construction) in the Republic of Vietnam.  On 26 July 1969, the applicant was wounded and assigned to the 106th General Hospital.

4.  Valley Forge General Hospital, Phoenixville, PA, General Orders Number 53, dated 30 September 1969, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 26 July 1969.

5.  On 25 April 1970, the applicant was assigned to the 102nd Engineer Company, 815th Engineer Battalion in the Republic of Vietnam.  He remained in that unit until his return to the continental U.S. on 10 March 1971.

6.  Headquarters, 18th Engineer Brigade General Order Number 242, dated 
4 March 1971, awarded the applicant the Army Commendation Medal for service from April 1970 to April 1971 in the Republic of Vietnam.

7.  On 15 March 1971, the applicant was released from active duty by reason of being an overseas returnee.  He had completed 2 years, 7 months, and 20 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Purple Heart or the Bronze Star Medal or the Army Good Conduct Medl.  Item 24 does show he is authorized the Vietnam Service Medal.

8.  There are no orders in the applicant's official military personnel file that show he was awarded the Bronze Star Medal.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the award of the Bronze Star Medal or the Purple Heart.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the periods the applicant was assigned to the 815th Engineer Battalion the unit received two Meritorious Unit Commendations (Army) for the periods from 1 May 1968 to 30 April 1969, based on Department of the Army General Order Number 39, dated 1970; and from 1 June 1970 to 31 May 1971, based on Department of the Army General Order Number 43, dated 1972.

11.  Department of the Army Pamphlet 672-3 shows that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

12.  Table B-1 of Army Regulation 600-8-22 (Military Awards) shows that, based on his dates of service during his first tour in the Republic of Vietnam, the applicant served in the Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969) and the Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969).  During his second tour in the Republic of Vietnam he served in the Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 
30 April 1970); the DA Sanctuary Counteroffensive Campaign (1 May 1970 - 
30 June 1970); and the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971).

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

14.  Title 10 of the U. S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the


Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 3 years except in those cases when the period for the first award ended 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.

16.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star to denote second and subsequent awards of the Meritorious Unit Commendation (Army).

17.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  A silver service star is worn instead of five bronze service stars.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's military records awarding him the Bronze Star Medal.  The records do not contain a recommendation for the applicant to be awarded the Bronze Star Medal.  The award is not shown on his DA Form 20.  Therefore, there is insufficient evidence to award the applicant the Bronze Star Medal in this case.

2.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  Orders show the applicant was awarded the Purple Heart for wounds received on 26 July 1969.  Therefore, it is appropriate to add this award to item 24 of his 
DD Form 214.

4.  Orders show the applicant was awarded the Army Commendation Medal for his service from April 1970 to April 1971.  Therefore, it is appropriate to add this award to item 24 of his DD Form 214.

5.  In the absence of evidence showing disqualification, it is appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service from 26 July 1968 to 15 March 1971 ending with termination of a period of Federal military service and to add this award to 
item 24 of his DD Form 214.

6.  Based on the applicant's service with the 815th Engineer Battalion he is authorized two awards of the Meritorious Unit Commendation (Army) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it is appropriate to include these awards in item 24 of his DD Form 214.

7.  The applicant's military personnel records show he participated in five campaigns during his two tours in the Republic of  Vietnam.  Therefore, he is entitled to one silver service star to be worn on his Vietnam Service Medal.  

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.  awarding the applicant his first award of the Army Good Conduct Medal for his period of service from 26 July 1968 to 15 March 1971; and

   b.  amending item 24 of his DD Form 214 to add that he was awarded or is authorized the Purple Heart, the Army Commendation Medal, the Army Good Conduct Medal, the Meritorious Unit Commendation (Army) (two awards), the Vietnam Service Medal with one silver service star, 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 the Bronze Star Medal.  
   



      _______ _   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)                                         AR20080019560



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ABCMR Record of Proceedings (cont)                                         AR20080019560



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