BOARD DATE:	  29 September 2009

		DOCKET NUMBER:  AR20080019670 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart with First Oak Leaf Cluster and the Bronze Star Medal.

2.  The applicant essentially states that his DD Form 214 does not show he was awarded the Purple Heart with First Oak Leaf Cluster and the Bronze Star Medal.

3.  The applicant provides his DD Form 214; a certificate showing he was awarded the Purple Heart for wounds received in action on 25 March 1968; a certificate showing he was awarded the Purple Heart for wounds received in action on 2 November 1968; a certificate showing he was awarded the Bronze Star Medal during the period January 1968 to January 1969; and a letter, dated 25 November 2008, from the North Carolina Department of Administration in support of this 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 military records show that he was inducted into the Army of the United States on 25 July 1967.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman), and on a later date he awarded MOS 91B (Medical Specialist). 

3.  The applicant departed for the Republic of Vietnam on 2 January 1968 and he was initially assigned to Headquarters and Headquarters Company (HHC), 1st Cavalry Division.  On 1 October 1968, he was reassigned to HHC, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division.  He was placed in a patient status on 
17 November 1968.  He returned to the continental United States on 
24 December 1968, and he was assigned at Fort Bragg, North Carolina until he was honorably released from active duty on 24 July 1969.  His DD Form 214 shows that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal.

4.  The applicant's DD Form 214 does not show that he was awarded the Purple Heart with First Oak Leaf Cluster, but the applicant provided two certificates showing that he was awarded the Purple Heart twice for being wounded twice in action, on 25 March and on 2 November 1968.  His military records contains general orders which awarded him the Purple Heart for wounds received in action on 25 March 1968, and the Vietnam Casualty Roster contains an entry confirming that the applicant was also wounded in action on 2 November 1968.  

5.  The applicant's DD Form 214 does not show he was awarded the Bronze Star Medal, but the applicant provided a certificate showing he was awarded the Bronze Star Medal during the period January 1968 to January 1969.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show that he was awarded the Bronze Star Medal.  There are no general orders in the applicant’s military records which show that he was awarded the Bronze Star Medal, and a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce any orders awarding him the Bronze Star Medal.

6.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.


7.  The applicant's DD Form 214 does not show that he was awarded the Good Conduct Medal, but he was awarded the Good Conduct Medal by Headquarters, 12th Support Brigade, Fort Bragg, North Carolina General Orders Number 77, dated 24 June 1969.

8.  The applicant's DD Form 214 also does not show that he was awarded the Combat Medical Badge, but he was awarded the Combat Medical Badge by Headquarters, 1st Air Cavalry Division Special Orders Number 290, dated 
16 October 1968.

9.  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 at the time of the applicant’s assignment to 
HHC, 1st Cavalry Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 1969.  

10.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized to be worn with this award for each Vietnam campaign a member is credited with participating in, and that a silver service star is worn in lieu of five bronze service stars.  Table 
B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Phase III campaign, the Tet Counteroffensive campaign, the Vietnam Counteroffensive Phase IV campaign, the Vietnam Counteroffensive Phase V campaign, and the Vietnam Counteroffensive Phase VI campaign.  

11.  The applicant's DD Form 214 does not show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, but he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar by Headquarters, United States Army Training Center, Fort Bragg, North Carolina Special Orders Number 255, dated 12 September 1967.

12.  Army Regulation 600-8-22 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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records.  Each approved award of the Purple Heart must exhibit all of the following factors: wound, injury or death must have been the result of enemy or hostile act; international terrorist attack; or friendly fire; the wound or injury must have required treatment by military medical personnel; and the record of medical treatment must have been made a matter of official Army records.

13.  Army Regulation 600-8-22 also 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.    

14.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

15.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the award of the Purple Heart with First Oak Leaf Cluster and the Bronze Star Medal.

2.  General orders awarded the applicant the Purple Heart for being wounded in action on 25 March 1968, and the Vietnam Casualty Roster shows that he was again wounded in action on 2 November 1968.  The applicant also provided certificates showing that he was awarded the Purple Heart (twice).  Therefore, it would be appropriate at this time to correct his military records to show the award of the Purple Heart with First Oak Leaf Cluster.

3.  The evidence provided by the applicant, in the form of a certificate showing that he was awarded the Bronze Star Medal, was carefully considered.  However, this evidence is not corroborated by any information in the available military records.  The fact that the applicant is in possession of a certificate for the Bronze Star Medal was duly noted; however, possession of a certificate is not sufficient for correcting his DD Form 214 to show the medal.  All personal decorations must be announced in official orders, which the applicant did not provide, and the orders are not in his military records.  Regrettably, absent orders which officially awarded him the Bronze Star Medal, there is an insufficient basis upon which to correct his military records to show the award of the Bronze Star Medal.  The applicant is advised to submit a request for reconsideration if he can provide a copy of the orders which awarded him the Bronze Star Medal, and ensure that he provides a complete copy of those orders, to include an authenticating signature.

4.  General orders awarded the applicant the Good Conduct Medal, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Good Conduct Medal.

5.  Special orders awarded the applicant the Combat Medical Badge, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Combat Medical Badge.

6.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to HHC, 1st Cavalry Division while the applicant was assigned to this unit.  Therefore, he is entitled to correction of his military records to show the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  The applicant participated in five campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show one silver service star to be affixed to his already-awarded Vietnam Service Medal.

8.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 amending his DD Form 214 to add the Purple Heart with First Oak Leaf Cluster, the Good Conduct Medal, the Combat Medical Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and to show he is authorized to wear one silver service star on 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 showing award of the Bronze Star Medal.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ _   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)                                         AR20080019670



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ABCMR Record of Proceedings (cont)                                         AR20080019670



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