DOCKET NUMBER:  AR20090000499 


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:

	a.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 July 1968 to show his previously awarded Silver Star, Purple Heart, Vietnam Service Medal (with 3 bronze service stars), Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	b.  correction of his DD Form 214 to show the inclusive dates of his assignment in Vietnam; and

	c.  award of the Army Good Conduct Medal and correction of his DD Form 214 to show that award.

2.  The applicant states that the awards in paragraph 1a were awarded, but were omitted from his DD Form 214.  He states that he was awarded the Silver Star for valorous action on 12 May 1968 during the battle of Kham Duc, Republic of Vietnam.  He adds he was wounded during the same action and evacuated to the 249th General Hospital, Japan, where he was admitted and treated for his wounds.  While in the hospital he was awarded the Purple Heart.  Afterwards, he returned to the States for further treatment and then was discharged.

3.  The applicant states that a few weeks after his discharge, he received the Silver Star in the mail.  He retained the medal and citation along with his Purple Heart over the years.  During a review of his DD Form 214 and personnel records with a fellow veteran in December 2008, it was discovered that his Silver Star and Purple Heart were not included in his military records.  

4.  The applicant provides:

		a.  his DD Form 214; 

		b.  a Naval Hospital medical treatment document, dated 18 July 1968;

		c.  U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 07-1255641, dated 26 Jul 1972;

		d.  a copy of his DA Form 20 (Enlisted Qualification Record);

		e.  a National Personnel Records Center letter, dated 10 December 2008; 

		f.  six pages from Army Regulation 600-8-22 (Military Awards); and

		g.  a witness statement from his brother-in-law, a retired U.S. Navy Lieutenant, dated 2 January 2009.

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 into the Army on 11 August 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 91B (Medical Specialist).




3.  The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company, 70th Engineer Battalion on 26 June 1967.  On an unknown date in early 1968, he deployed with members of A Company, 70th Engineer Battalion to the Kham Duc Special Forces Camp where his engineer comrades were working on an airfield project.

4.  The Kham Duc Special Forces Camp came under heavy enemy attack during 10-12 May 1968.  Despite reinforcement and a valiant defense, the camp was in grave danger of being overrun and was ordered evacuated.

4.  On or about 16 May 1968, the applicant departed Vietnam and was assigned to the Medical Holding Company, 249th General Hospital, Japan after being credited with participating in three campaigns.

6.  A USARV Form 157-R, dated 21 May 1968, shows that the applicant was recommended for award of the Bronze Star Medal with "V" Device for exceptionally valorous actions during the period 10-12 May 1968 by the Commander, A Company, 70th Engineer Battalion.  The recommendation was directed through the battalion and group commanders to the Commanding General, 18th Engineer Brigade.

7.  The narrative description stated that, on 10 May 1968, while serving with 
A Company, 70th Engineer Battalion, elements of the third platoon became engaged in a fire fight near Kham Duc, Republic of Vietnam.  The applicant was dispatched to assist in the engagement.  Immediately upon arrival, after finding no wounded personnel, the applicant began assisting other Soldiers by loading magazines and giving verbal encouragement.  The applicant moved ceaselessly up and down the line assisting Soldiers wherever possible.  When several Soldiers were wounded, he exposed himself to severe enemy fire to recover, aid, and load wounded Soldiers onto trucks to evacuate them.  He twice rushed to assist wounded Soldiers, displaying total disregard for his safety, and twice exposed himself to enemy fire to bring them to the evacuation vehicle.  When all but six personnel had been evacuated , the applicant remained behind to load magazines and was one of the last to be relieved.

8.  The narrative description further stated that, on 12 May 1968, the company perimeter came under attack and the applicant exposed himself to enemy fire to cross open terrain to reach several wounded Soldiers.  The severity of one Soldier's wound necessitated immediate air evacuation.  The applicant unhesitatingly exposed himself in order to move the wounded Soldier to the 


evacuation area.  This necessitated crossing the parking apron adjacent to the company perimeter, an area where the heaviest shelling had occurred.  The applicant was wounded, but continued to function effectively in spite of his wound.  He was again wounded, this time so severely he required immediate evacuation.

9.  On 21 May 1968, the Battalion Commander recommended that the recommendation for award of the Bronze Star Medal with "V" Device be upgraded to the next higher valor award (Silver Star) based on the applicant's exceptionally valorous actions.

10.  A Naval Hospital medical treatment document, dated 18 July 1968, shows the applicant was admitted to the U.S. Navy Hospital, St. Albans, New York on 31 May 1968.  He was treated for fragment wounds to the left thigh, left calf, and left ankle.  On 18 July 1968, he was returned to duty.

11.  On 24 July 1968, the applicant was honorably released from active duty in the rank of Specialist Five/E-5 after completing 1 year, 11 months, and 14 days of creditable active service with no time lost.

12.  The applicant's DD Form 214 for the period ending on 24 July 1968 shows he was awarded National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge (Rifle), and one overseas service bar.  Item 22c (Foreign and or Sea Service) of the applicant DD Form 214 shows the entry "VIETNAM" "0" years, "11" months, and "4" days.

13.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show wounds.  Item 41 (Awards and Decorations) does not show award of the Silver Star, the Purple Heart, or the Bronze Star with "V" Device.

14.  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 for the Silver Star, the Purple Heart, or the Bronze Star with "V" Device.





15.  There are no general orders in the applicant’s service personnel records that show he was awarded the Silver Star or the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster, but the USARV Form 157-R, dated 21 May 1968, shows that he was ultimately recommended for award of the Silver Star for his exceptionally valorous actions and that he was wounded on 12 May 1968, and the Naval Hospital medical treatment document, dated 18 July 1968, shows the applicant was treated for wounds.

16.  The applicant provides a witness statement from his brother-in-law, a retired U.S. Navy Lieutenant, dated 2 January 2009.  The author states that he has firsthand visual and physical knowledge that the applicant was awarded the Silver Star and the Purple Heart.  His discovery of these awards was as a child in 1977 while assisting with the cleaning of the basement storage room in the applicant's residence.

17.  The author states, "My discovery was by chance as I picked up an open box containing military memorabilia (Zippo lighters) and slides of pictures of Vietnam. I opened two presentation boxes and viewed both the Silver and Purple Heart medals.  I then discovered and read the citations which were in the bottom of the box.  I do not remember the unit assigned…or the approving authority on the certificates.  I can recollect in my own words that the Silver Star citation read in 
effect:  "Although wounded and with disregard to his own safety, SP5 G_______, while under enemy attack, moved under intensive enemy barrage and small arms fire to each defensive position, tending the wounded and reassuring his fellow soldiers until directly ordered by the Commanding Officer to be evacuated…."

18.  The author continued by stating that, as an adolescent, the sheer impact of this discovery that his brother-in-law had served in combat with distinction and was wounded had a profound effect on him.  He approached the applicant with the medals and the applicant discreetly and with humility showed him his calf wound and discounted his act of heroism.  The applicant casually put the medals away and kept this detailed piece of his life from his family and has always, until recently, stayed off conversation concerning it.
 
19.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.



20.  Army Regulation 600-8-22 (Military Awards) 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.  

21.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

22.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

23.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 70th Engineer Battalion, it was cited for award of the Meritorious Unit Commendation for the period from 4 December 1966 through 10 October 1967 based on Headquarters, Department of the Army, General Orders Number 42, dated 1969.

24.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

25.  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.


26.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 of the version in effect at the time contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that item 20c will show total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. USAEUR (U.S. Army Europe), USARV (U.S. Army Vietnam), etc.  Furthermore, item 30 is used for Headquarters Department of the Army mandatory requirements, when a separate block is not available, and/or as a continuation entry.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Silver Star for valorous action on 12 May 1968 during the battle of Kham Duc, Republic of Vietnam.  There are no orders in the applicant's service personnel records that show he was awarded the Silver Star.  A thorough and extensive search of ADCARS and all available sources failed to reveal any orders for the Silver Star.  The Board does not dispute that the applicant was ultimately recommended for the Silver Star per the USARV Form 157-R.  However, there are no orders awarding him the Silver Star.  Unfortunately, the affidavit provided by the applicant and the USARV Form 157-R alone are not sufficient evidence to show he is authorized the award.  Therefore, there is an insufficient basis for award of the Silver Star in this case.

2.  The applicant contends that he was awarded the Purple Heart while assigned to the hospital.  There are no general orders awarding the applicant the Purple Heart.  However, the USARV Form 157-R shows that the applicant was wounded on 12 May 1968 and the Naval Hospital medical treatment document shows that he was treated for those wounds.  These entries are accepted as sufficient to show that the applicant was wounded as a result of hostile action.  It is reasonable to presume that the applicant was awarded one Purple Heart while he was assigned to the hospital.  Given the applicant's statement and his brother-in-law's witness statement that he physically viewed the Purple Heart medal at the applicant's home, his DD Form 214 should be amended to show award of the Purple Heart (1st Award) for his first wounding on 12 May 1968.




3.  The applicant was released from active duty in the rank of SP5 with 1 year, 
11 months, and 14 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 11 August 1966 through 24 July 1968.

5.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add this award.

6.  The applicant was assigned to a unit during a period of time this unit was awarded the Meritorious Unit Commendation.  His participation in three 
campaigns makes him eligible to wear three bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

7.  Evidence of record shows the applicant served in Republic of Vietnam from June 1967 until May 1968.  Item 22c of his DD Form 214 shows that he served in Vietnam for a period of 11 months and 4 days.  Therefore, item 22c of his DD Form 214 with the period ending 24 July 1968 appears to be correct.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

		a.  by awarding the applicant the Purple Heart (1st Award) for wounds sustained on 12 May 1968;

		b.  by awarding him the Army Good Conduct Medal (1st Award) for the period 11 August 1966 through 24 July 1968; 

		c.  by amending his DD Form 214 to add the Purple Heart (1st Award), the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and three bronze service stars to be worn 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 award of the Silver Star or adding the applicant's service in Vietnam on his DD Form 214.




      _______ _   __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)                                         AR20090000499





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ABCMR Record of Proceedings (cont)                                         AR20090000499



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