IN THE CASE OF:	  

		BOARD DATE:	       16 April 2009

		DOCKET NUMBER:  AR20080019571 


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 his records be corrected to show award of his Bronze Star Medal with the "V" Device.

2.  The applicant states, in effect, that he did not realize that his DD Form 214 (Report of Transfer or Discharge) did not show his Bronze Star Medal with a "V" Device until he applied for Department of Veterans Affairs Benefits in 2007.

3.  The applicant's wife states that her husband has been diagnosed as suffering from Agent Orange related cancer and despite treatment he is losing his fight against the cancer.  She requests that this correction and recognition be made before he dies. 

4.  The applicant provides, in support of his application, copies of a Bronze Star Medal award certificate; two Purple Heart award certificates; a Bronze Star Medal citation; Headquarters, 1st Calvary Division General Orders Number 14120; Headquarters, 24th Evacuation Hospital General Orders Number 224; a 1st Cavalry Division Vietnam Combat Certificate; a Certificate of Retirement; and a personal statement from his wife. 

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 was inducted on 15 October 1968, completed training, and was awarded the military occupational specialty 13A (Basic Field Artilleryman).

3.  He served in Vietnam with the Headquarters and Headquarters Battery, 1st Battalion, 21st Artillery Regiment from 25 through 28 April 1969, and with Battery B, 2nd Battalion, 19th Artillery Regiment from 29 April 1969 through 10 November 1969 when he was medically evacuated from Vietnam.

4.  Headquarters, 24th Evacuation Hospital General Orders Number 224, dated 4 November 1969, awarded the applicant the Purple Heart for wounds received on 4 November 1969.

5.  A Purple Heart Certificate, provided by the applicant and dated 6 November 1969, shows he was wounded in action on 4 November 1969.  This certificate is signed by Major General E. B. Rxxxx.

6.  A second Purple Heart Certificate, provided by the applicant and dated 9 November 1969, also shows the applicant was wounded in action on 4 November 1969.  This certificate is signed by Colonel Cxxxx Mxxxx.

7.  Headquarters, 1st Calvary Division General Orders Number 14120, dated 12 November 1969, awarded the applicant the Bronze Star Medal with "V" Device for exceptionally valorous actions on 9 November 1969.  The award citation also states that he was wounded at this time.  The citation is signed by Major General E. B. Rxxxx.

8.  The applicant's service medical records and physical disability retirement documentation shows that the applicant received wounds to both legs and ankles, his abdomen, his left arm, his right hand, and face with the loss of his right eye on 4 November 1969.  He was evacuated from Vietnam for additional medical treatment on or about 10 November 1969.


9.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following pertinent information:

	a.  his conduct and efficiency rates are recorded as "excellent";

	b.  he received multiple fragment wounds to his abdomen and lost his right eye due to wounds received on 4 November 1969; and

	c.  his authorized awards are: the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960" Device, the Vietnam Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

10.  The applicant was medically retired a specialist five (E-5) on 28 April 1970.

11.  The applicant's DD Form 214 shows his awards as: the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960" Device, the Vietnam Unit Citation, the Purple Heart, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

12.  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 that while the applicant was assigned to the 19th Artillery Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.  

13.  Army Regulation 672-5-1(Military Awards), 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.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20.




14.  Army Regulation 600-8-22 (Military Awards) , in pertinent part, states:

	a.  a bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal, the Air Medal and the Bronze Star Medal.  

	b.  a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969; the Vietnam Summer–Fall 1969, 9 June 1969 – 31 October 1969; and the Vietnam Winter–Spring 1970; 1 November 1969 – 30 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that he did not realize that his DD Form 214 did not show his award of the Bronze Star Medal with a "V" Device.

2.  The applicant's Bronze Star Medal orders, citation, and certificate all show he was awarded the Bronze Star Medal with "V" Device.  It is appropriate to correct the record to show this award.  

3.  Further, based on the totality of the record, it appears that the date of the actions for which the applicant was awarded his Bronze Star Medal with "V" Device is incorrectly stated as 9 November 1969.  To avoid future questions and confusion, it is appropriate to correct Headquarters, 1st Calvary Division General Orders Number 14120, dated 12 November 1969, the Bronze Star Medal citation, and the Bronze Star Medal certificate to show the date of action as 4 November 1969, not 9 November 1969.

4.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 15 October 1968 through 28 April 1970.

5.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.
6.  The DD Form 214 shows award of the Vietnam Unit Citation.  No such award exists.  This notation most likely refers to the Republic of Vietnam Gallantry Cross with Palm Unit Citation that the 19th Artillery Regiment was awarded.  It is appropriate to correct the record by deleting the Vietnam Unit Citation and adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  In addition to the awards listed on the DD Form 214, he is also authorized the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

8.  It appears that the applicant was issued two Purple Heart certificates for the same wounds, one from his command and a second from the evacuation hospital.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending Headquarters, 1st Calvary Division General Orders Number 14120, dated 12 November 1969, the Bronze Star Medal citation, and the Bronze Star Medal certificate to show the date of action for this award was 4 November 1969, not 9 November 1969;

	b.  awarding the applicant the Good Conduct Medal for his period of service from 15 October 1968 through 28 April 1970;

	c.  deleting the entry on the DD Form 214 awarding the Vietnam Service Medal and Vietnam Unit Citation; and

	d.  showing that, in addition to the awards listed on the DD Form 214, the applicant is authorized award of Bronze Star Medal with "V" Device, the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  



      _______ _   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)                                         AR20080019571





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ABCMR Record of Proceedings (cont)                                         AR20080019571



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