IN THE CASE OF:	  

		BOARD DATE:	  01 July 2009

		DOCKET NUMBER:  AR20090002565 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Purple Heart and the Bronze Star Medal.

2.  The applicant states that his DD Form 214 does not show these medals.

3.  The applicant provides a copy of a citation for award of the Bronze Star Medal and a copy of Special Orders Number 118, dated 7 June 1967, showing award of the Purple Heart, in support of his request.

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 records show he was inducted into the Army of the United States on 12 October 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewmember).  He was honorably released from active duty on 14 October 1968 in the rank/grade of sergeant/E-5 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  The applicant's records show that he served in the Republic of Vietnam from on or about 21 April 1967 to on or about 29 March 1968.  He was assigned to Company C, 1st Battalion, 5th Infantry Regiment.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Badge, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Mortar Bar, and one overseas service bar.  Item 24 does not show award of the Purple Heart and/or the Bronze Star Medal.

5.  Headquarters, 12th Evacuation Hospital, Special Orders Number 118, dated 7 June 1967, show the applicant was awarded the Purple Heat for wounds received in action on 6 June 1967 in the Republic of Vietnam.

6.  The applicant's records do not contain orders showing award of the Bronze Star Medal.

7.  During the processing of this case, a member for the Board staff searched the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This system does not contain an order awarding the applicant the Bronze Star Medal.  

8.  The applicant provided a copy of a citation that shows he was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from April 1967 to April 1968.

9.  Army Regulation 600-8-22 (Military Awards) 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.  
10.  Review of the applicant's records indicate entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to Company C, 1st Battalion, 5th Infantry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 January 1966 to 31 August 1968 based on Department of the Army General Orders 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Citation from 1 January 1966 to 21 January 1970 based on Department of the Army General Orders 9, dated 1979.

12.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase II, from 1 July 1966 to 31 May 1967; the Vietnam Counteroffensive, Phase III, from 1 June 1967 to 29 January 1968; and the TET Counteroffensive, from 30 January 1968 to 1 April 1968 campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show awards of the Purple Heart and the Bronze Star Medal.

2.  General orders awarded the applicant the Purple Heat for wounds received in action in the Republic of Vietnam on 6 June 1967 which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.

5.  With respect to awards of the Bronze Star Medal, the applicant’s record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded the Bronze Star Medal.  The applicant's citation is insufficient by itself to grant him the requested relief.  

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 adding the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214.

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 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)                                         AR20090002565



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002565



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1