IN THE CASE OF:
BOARD DATE: 19 May 2009
DOCKET NUMBER: AR20090000195
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 discharge document to show two awards of the Bronze Star Medal, two awards of the Purple Heart, and any other awards or decorations he may have been awarded during his military service.
2. The applicant states, in effect, he served in Vietnam and was assigned to Battery C, 1st Battalion, 321st Artillery, 101st Airborne Division, in 1967 and part of 1968.
a. The applicant states he received two awards of the Bronze Star Medal (i.e., one for heroism and one for meritorious service) and the medal sets and citations were sent to him in the mail in 1968, 1969, or 1970.
b. The applicant states he was transferred to the 1st Brigade, 101st Airborne Division, and assigned as an Artillery Forward Observer with Headquarters and Headquarters Company, 1st Battalion, 327th Infantry (Airborne). He adds that he cannot remember the artillery battery he was assigned to, only the infantry unit he was to support.
c. The applicant states that he was wounded in action on 7 April 1968 and medically evacuated to the hospital ship U.S.S. Repose where he received his first Purple Heart on or about 10 April 1968 when it was pinned to his pillow because he was not able to stand up and receive the award. He also states that he was transferred to Valley Forge General Hospital for additional medical treatment. The applicant adds that he believes the paper work for the award was probably lost; however, he was officially awarded the Purple Heart on 3 August 1990 as a result of the efforts of Congressman D____ S____, 7th District, Tennessee.
d. The applicant states he has been receiving a Department of the Army pension and Department of Veterans Affairs (VA) pension for service-connected disability for the loss of his left eye during combat and he is currently in the process of filing a claim with the VA for post-traumatic stress disorder (PTSD); however, nothing on his discharge document shows what he went through.
3. The applicant provides a self-authored statement, dated 20 December 2008; copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 2 October 1968; Office of the Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, letter, dated 15 March 1971; Headquarters, 101st Airborne Division, General Orders Number 10215, dated 30 November 1968; two DA Forms 4980-5 (Bronze Star Medal), dated 30 November 1968 and 15 September 1969; a letter written by Chief Warrant Officer Three (CW3) B____ P____ (U.S. Army, Retired), dated 17 August 1989, with a Summary of Actions; and a DA Form 4980-10 (Purple Heart), dated 3 August 1990.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military personnel records show he enlisted in the Army of the United States and entered active duty in the Regular Army for a period of 3 years on 11 July 1966. Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).
a. Item 29 (Qualification in Arms) shows he qualified Expert with the M-60 machinegun. It shows he qualified Sharpshooter with the M-14 rifle on 15 November 1966 and Marksman with the M-14 rifle on 6 March 1967.
b. Item 41 (Awards and Decorations) shows he was awarded the Army Good Conduct Medal, National Defense Service Medal, Expert Marksmanship Qualification Badge with (M-60) Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.
4. The applicant's military personnel records contain a DD Form 214 that shows he entered active duty this period on 11 July 1966 and was honorably discharged on 19 June 1967 to accept a commission as an officer in the U.S. Army. At the time he was credited with completing 11 months and 9 days of net active service this period. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Good Conduct Medal (1st Award), National Defense Service Medal, Expert Marksmanship Qualification Badge with (M-60) Machinegun Bar, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.
5. The applicant's military personnel records contain a DA Form 66 (Officer Qualification Record).
a. Item 9 (Military Occupational Specialties) shows he was awarded MOS 1193 (Field Artillery Unit Commander) on 20 June 1967 and awarded MOS 71193 (Parachutist) on 27 July 1967.
b. Item 17 (Foreign Service) shows he served overseas in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from 13 December 1967 through 7 May 1968.
c. Item 18 (Record of Assignments), in pertinent part, shows he served in MOS 71193 as a Forward Observer while assigned to Battery C, 1st Battalion, 321st Artillery, 101st Airborne Division, USARPAC RVN, from 13 December 1967 through 22 February 1968. He served in MOS 0001 (Duties Unassigned) while assigned to Headquarters and Headquarters Battery, 2nd Battalion, 320th Artillery, 101st Airborne Division, USARPAC RVN, from 23 February 1968 through 29 February 1968. The applicant then served in MOS 71193 as a Forward Observer while assigned to Headquarters and Headquarters Battery, 2nd Battalion, 320th Artillery, 101st Airborne Division, USARPAC RVN, from 1 March 1968 through 21 April 1968. This item also shows that the applicant was assigned as a patient to the Medical Hold Detachment, U.S. Army Hospital, Camp Zama, Japan, on 22 April 1968; transferred on 7 May 1968; and assigned as a patient to the Medical Hold Company, Valley Forge General Hospital, Pennsylvania, on 10 May 1968.
d. Item 21 (Awards and Decorations) shows he was awarded the Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Parachutist Badge.
e. Item 23 (Qualification in Arms) shows he qualified Expert with the M-60 machinegun and M-16 automatic rifle, and Sharpshooter with the M-14 rifle.
6. The applicant's military personnel records contain a copy of Headquarters, 101st Airborne Division, RVN, General Orders Number 10215, dated 30 November 1968, that show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in combat against a hostile force in the RVN during the period 27 December 1967 through 28 December 1967.
7. The applicant's military records contain a DA Form 1361 (Recommended Findings of Physical Evaluation Board (PEB)), dated 19 August 1968; DA Form 8-118 (Medical Board Proceedings), dated 5 August 1968; and Standard Form 502 (Clinical Record - Narrative Summary), dated 10 July 1968. These documents pertain to the applicants PEB Proceedings and describe the applicants medical condition as "phthisis bulbi, left eye," secondary to a fragment wound of his left eye incurred at approximately 1700 hours, 7 April 1968, while on a reconnaissance mission in the RVN. These documents also show, in pertinent part, the applicant was found unfit for military service as a direct result of armed conflict caused by an instrumentality of war.
8. The applicant's military personnel records contain a DD Form 214 that shows he entered active duty this period on 20 June 1967, was honorably retired from active duty on 2 October 1968, and placed on the Temporary Disability Retired List effective 3 October 1968. At the time he was credited with completing 1 year, 3 months, and 14 days of net active service this period; 11 months and 8 days of other service; 2 years, 2 months, and 22 days of total active service; and 4 months and 25 days of foreign service. Item 24 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Parachutist Badge.
9. The applicant's military personnel records are absent orders showing he was awarded a second award of the Bronze Star Medal.
10. The applicant's military personnel records are absent orders showing he was awarded the Purple Heart.
11. A review of The Adjutant General Casualty Division's Vietnam casualty roster fails to show the applicants name on the roster.
12. A search of the U.S. Army Human Resources Command (USAHRC) Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce any award orders pertaining to the applicant.
13. The applicant's military personnel records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 13 October 1989. This document shows that the lieutenant colonel serving as Adjutant General, Army Reserve Personnel Center (ARPERCEN), St. Louis, Missouri, authorized issuance of the following medal sets to the applicant: Bronze Star Medal with "V" Device, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Parachutist Badge, Expert Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.
14. The applicant's military personnel records contain a DA Form 1577, dated 3 August 1990, that shows the lieutenant colonel serving as Chief, Personnel Services Division, ARPERCEN, St. Louis, Missouri, authorized issuance of the Purple Heart medal set and certificate to the applicant on 3 August 1990 and that the action was expedited based on Congressional interest.
15. In support of his application, the applicant provides a self-authored statement, dated 20 December 2008; Headquarters, 101st Airborne Division, General Orders Number 10215, dated 30 November 1968; and his DD Form 214 with an effective date of 2 October 1968. These three documents were previously introduced and considered in this Record of Proceedings. He also provides the following documents.
a. Headquarters, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, letter, dated 15 March 1971, that shows the captain serving as Assistant Adjutant, Office of the Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, notified the applicant that his former commander had awarded him the Bronze Star Medal and requested information from the applicant regarding presentation or forwarding of the award.
b. DA Form 4980-5, dated 30 November 1968, shows the applicant was awarded the Bronze Star Medal for heroism in ground combat in the RVN during the period 27 December 1967 through 28 December 1967. This document also shows the award certificate was issued under the signature of the Commanding General, 101st Airborne Division, RVN, on 30 November 1968.
c. DA Form 4980-5, dated 15 September 1969, shows the applicant was awarded the Bronze Star Medal for meritorious achievement in ground operations against the enemy in the RVN during the period 27 December 1967 through 28 December 1967. This document also shows the award certificate was issued under the signature of The Adjutant General of the Army on 15 September 1969.
d. Letter written by CW3 P____ (U.S. Army, Retired), dated 17 August 1989 with Summary of Actions, sent to the Commander, ARPERCEN, St. Louis, Missouri, requesting award of the Purple Heart to the applicant for wounds he received in action on 7 April 1968 in the RVN. These documents, in pertinent part, show that CW3 P____ documented the actions of his reconnaissance platoon (1st Battalion, 327th Infantry (Airborne)), along with the actions of the applicant (who was attached to his platoon as a forward observer), in early April 1968 in the RVN. These documents show that CW3 P____ states that the applicant was wounded in action on two separate occasions on 7 April 1968 (i.e., during the day "by a grenade fragment in his left eye" and during the night "when he was struck in the upper right portion of his back by a fragment or bullet which had passed beneath [CW3 P____s] right arm and chest"). CW3 P____ concludes by stating, "I discovered [the applicant] had not been awarded a Purple Heart or any kind of award. His courageous conduct while blinded and under fire is most deserving of a Bronze Star [Medal] with a "V" device."
e. DA Form 4980-10, dated 3 August 1990, that shows the applicant was awarded the Purple Heart for wounds received in action on 7 April 1968 in the RVN.
16. A review of the applicant's military personnel records shows that he may be authorized additional awards that are not shown on his DD Form 214.
17. Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam. This document shows that the applicant participated in the Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.
18. 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 the 2nd Battalion, 320th Artillery, 101st Airborne Division, USARPAC RVN, the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971). This document also shows that, at the time of his assignment to the unit, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).
19. Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.
20. Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman.
21. Army Regulation 600-8-22 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.
22. Army Regulation 600-8-22 provides, in pertinent part, that the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with certain decorations, among which is the Bronze Star Medal.
23. Army Regulation 600-8-22 provides, in pertinent part, that an oak leaf cluster is awarded to denote each succeeding award of certain decorations, among which are the Bronze Star Medal and Purple Heart.
24. Army Regulation 600-8-22, paragraph 1-19 (Duplication of awards), states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.
25. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.
26. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart. The regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.
27. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. Paragraph 53 (Item 24) states, in pertinent part, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, his discharge document should be corrected to show two awards of the Bronze Star Medal, the Purple Heart, and all other awards and decorations he may be authorized based on his military service.
2. The evidence of record shows that a DA Form 4980-5 was issued by the Commanding General, 101st Airborne Division, RVN, on 30 November 1968 awarding the applicant the Bronze Star Medal for heroism in ground combat in the RVN during the period 27 December 1967 through 28 December 1967. The evidence of record also shows that general orders were issued on 30 November 1968 announcing award of the Bronze Star Medal with "V" Device to the applicant for heroism in combat against a hostile force in the RVN during the period 27 December 1967 through 28 December 1967. Therefore, it would be appropriate to correct the applicants records to show this award.
3. The evidence of record shows that a DA Form 4980-5 was issued by The Adjutant General of the Army on 15 September 1969 awarding the applicant the Bronze Star Medal for meritorious achievement in ground operations against the enemy in the RVN during the period 27 December 1967 through 28 December 1967. However, there are no general orders or other documentary evidence that substantiates the applicant was awarded a second award of the Bronze Star Medal (i.e. Bronze Star Medal with 1st oak leaf cluster).
a. The Military Awards regulation is clear in that only one decoration will be awarded to an individual for the same act, achievement, or period of service.
b. The DA Form 4980-5 issued on 15 September 1969 clearly shows that it cites the same period (i.e., 27 December 1967 through 28 December 1967) as the DA Form 4980-5 issued on 30 November 1968. Thus, it appears the DA Form 4980-5 that was issued on 15 September 1968 contained an error with respect to the reason for the award (i.e., for meritorious achievement instead of heroism).
c. A thorough review of the applicants military personnel records and the USAHRC ADCARS database failed to produce any general orders announcing a second award of the Bronze Star Medal to the applicant.
d. In view of the foregoing, there is insufficient evidence to support the applicants claim that he was awarded a second award of the Bronze Star Medal. Therefore, the applicant is not entitled to correction of his records to show a second award of the Bronze Star Medal.
4. The applicants PEB Proceedings show he sustained a fragment wound to his left eye that was incurred at approximately 1700 hours, 7 April 1968, while he was on a reconnaissance mission in the RVN. The PEB Proceedings also show the applicant was found unfit for military service as a direct result of armed conflict caused by an instrumentality of war. The evidence of record further shows on 3 August 1990, the applicant was authorized and issued the Purple Heart medal set and Purple Heart award certificate for wounds received in action on 7 April 1968 in the RVN. Thus, the preponderance of evidence confirms the applicants claim to the Purple Heart for wounds received in action on 7 April 1968 in the RVN. Therefore, it would be appropriate to correct the applicants records to show this award.
5. Despite the contention of CW3 P____ (U.S. Army, Retired) that the applicant was wounded in action on two separate occasions on 7 April 1968 in the RVN, the evidence of record fails to substantiate that the applicant was wounded in action twice on 7 April 1968. Therefore, there is insufficient evidence to support correction of the applicants records to show a second award of the Purple Heart.
6. Records show the applicant qualified for award of the Vietnam Service Medal and he participated in three campaigns during his service in the RVN. Therefore, it would be appropriate to correct his records to show award of three bronze service stars to be affixed to his Vietnam Service Medal.
7. Records show that general orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, it would be appropriate to correct his records to show this foreign unit award.
8. Records show that general orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, it would be appropriate to correct his records to show this foreign unit award.
9. The applicant's DA Form 66 show that the applicant qualified Expert and was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar. His DA Form 66 also shows that the applicant qualified Expert and was awarded the Expert Marksmanship Qualification Badge with Automatic Rifle Bar. Therefore, it would be appropriate to correct his records to show this badge with the respective component bars.
10. The applicant's DA Form 66 show that he qualified Sharpshooter and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Therefore, it would be appropriate to correct his records to show this badge with the component 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:
a. awarding the applicant the Purple Heart for wounds received in action on 7 April 1968 in the Republic of Vietnam;
b. deleting from item 24 of his DD Form 214 with an effective date of 2 October 1968 the "Vietnam Service Medal"; and
c. adding to item 24 of his DD Form 214 with an effective date of 2 October 1968 the "Bronze Star Medal with "V" Device, Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Machinegun and Automatic Rifle Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar."
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 a second award of the Bronze Star Medal and a second 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) AR20090000195
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ABCMR Record of Proceedings (cont) AR20090000195
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