IN THE CASE OF:	  

		BOARD DATE:	       21 May 2009

		DOCKET NUMBER:  AR20090000266 


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 all of his authorized awards, to include the Bronze Star Medal, Combat Infantryman Badge and three Purple Hearts.

2.  The applicant states, in effect, that all of his awards were not listed on his 
DD Form 214. 

3.  The applicant provides, in support of his application, copies of his three Purple Heart award certificates, Bronze Star Medal certificate and the first page of the orders awarding him the Combat Infantryman Badge.   

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 14 November 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 049, Headquarters, United States Army Training Center, Infantry, Fort Polk, Louisiana, dated 26 February 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.

4.  On 25 April 1969, the applicant departed Fort Knox, Kentucky for duty in the Republic of Vietnam.

5.  On 31 May 1969, the applicant was assigned for duty as a personnel carrier driver with Troop H, 17th Cavalry Regiment, 198th Infantry Brigade.  On 
31 January 1970, he was reassigned within the unit for duty as an automatic rifleman. 

6.  Special Orders Number 263, Headquarters, Americal Division, dated 
20 September 1969, awarded the applicant the Combat Infantryman Badge.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) states that he received a fragment wound to his left shoulder on 
15 February 1970.

8.  General Orders Number 5352, Headquarters, Americal Division, dated 1 June 1970, awarded the applicant the Purple Heart for wounds received in action on 12 September 1969.  

9.  On 17 June 1970, the applicant returned to the United States and was immediately released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 7 months and 4 days of creditable active duty.

10.  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, Marksman Marksmanship Qualification Badge with Rifle Bar, Army Commendation Medal, Vietnam Service Medal, and the [Republic of] Vietnam Campaign Medal [with (1960) Device].  It does not show award of the Bronze Star Medal, Combat Infantryman Badge, or any Purple Hearts. 



11.  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 Bronze Star Medal.

12.  The Vietnam Casualty Roster shows that the applicant was wounded in action on 12 September 1969 and again on 6 November 1969.

13.  The applicant has provided three certificates showing that he was awarded the Purple Heart for being wounded on 12 September 1969, 6 November 1969, and 15 February 1970.  He also has provided a certificate showing that he was awarded the Bronze Star Medal for meritorious service during the period from June 1969 to June 1970.

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

15.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that his conduct and efficiency were "excellent."  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

16.  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 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.  

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970; and the DA Sanctuary 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 Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that Troop H, 17th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 42, dated in 1972, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

19.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, as in effect at the time, provided that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (Wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

20.  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 required treatment, and the medical treatment must have been made a matter of official record.  An oak leaf cluster is issued to denote award of second and succeeding awards of the Purple Heart.
 
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.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Bronze Star Medal, Combat Infantryman Badge and three Purple Hearts.  

2.  There are no general orders showing that the applicant was awarded the Bronze Star Medal.  The certificate provided by the applicant is not sufficient evidence by itself upon which to base a correction of his records.  Should he have, or be able to obtain, a copy of the orders awarding him the Bronze Star Medal, or be able to provide other evidence to corroborate this award, he may submit another application for consideration.



3.  General orders show the applicant was awarded the Purple Heart for wounds received in action on 12 September 1969.  The Vietnam Casualty Roster shows that the applicant was wounded in action on 12 September 1969 and on  
6 November 1969.  Item 40 (Wounds) of the applicant's DA Form 20 shows that he was again wounded in action on 15 February 1970.  The applicant has provided corroborating award certificates.  Therefore, his records should be corrected to show that he was awarded the Purple Heart with two Oak Leaf Clusters.  

4.  Special orders show that the applicant was awarded the Combat Infantryman Badge.  Therefore, his records should be corrected to show this award. 

5.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

6.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

7.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

8.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.  Therefore, his records 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:

	a.  awarding him the Army Good Conduct Medal for the period from 
14 November 1968 to 17 June 1970; and

	b.  that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart with two Oak Leaf Clusters, Army Good Conduct Medal, Combat Infantryman Badge, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Expert Marksmanship Qualification Badge with Machinegun 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 award of 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)                                         AR20090000266





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ABCMR Record of Proceedings (cont)                                         AR20090000266



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