IN THE CASE OF:	  

		BOARD DATE:	       16 JULY 2009

		DOCKET NUMBER:  AR20090002839 


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 the Army Commendation Medal, a second award of the Purple Heart, and all other awards and decorations he earned.  

2.  The applicant states that the requested awards are not listed on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214, dated 16 August 1967, and copies of a certificate and a citation, dated 21 March 1967, showing award of the Army Commendation Medal, 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 17 August 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He was honorably separated on 16 August 1967 in the rank/grade of specialist four (SP4)/E-4 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 22 January 1966 to on or about 15 January 1967.  He was assigned to Company A, 2nd Battalion, 18th Infantry.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Vietnam Service Medal with one bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the National Defense Service Medal, the Purple Heart, the Sharpshooter Marksmanship Qualification Badge with Rifle Badge (M-14), and the Combat Infantryman Badge.  Item 24 does not show award of the Army Commendation Medal and/or a second award of the Purple Heart.

5.  Headquarters, 3rd Field Hospital, General Orders Number 21, dated 29 April 1966, show the applicant was awarded the Purple Heart for wounds received in action in connection with military operations against a hostile force in the Republic of Vietnam on 26 April 1966.

6.  Headquarters, 1st Infantry Division, General Orders Number 6672, dated 14 September 1967, show the applicant was awarded the Purple Heart for the same wounds received in action in connection with military operations against a hostile force in the Republic of Vietnam on 26 April 1966.

7.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the applicant suffered a gunshot wound to his left forearm on 26 April 1966.  It does not show a second wound/injury.

8.  The applicant's name is shown on the Vietnam casualty roster as having suffered a combat injury on 26 April 1966.  This roster does not show a second wound/injury.

9.  There are no general orders in the applicant's records that show he was awarded a second award of the Purple Heart.


10.  During the processing of this case, a member for the Board staff reviewed 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 review failed to reveal a Purple Heart orders for a second wound or Army Commendation Medal orders on file for the applicant.

11.  Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record.

12.  Headquarters, 1st Infantry Division, General Orders Number 1823, dated 15 August 1966, show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 2 July 1966.

13.  The applicant submitted a copy of a certificate, dated 21 March 1967, and accompanying citation, that show he was awarded the Army Commendation Medal for meritorious achievement from 9 July 1966 to 5 October 1966 in the Republic of Vietnam.  

14.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 18th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 12 July 1965 to 16 October 1968 based on Department of the Army General Orders 21, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 12 July 1965 to 7 April 1970 based on Department of the Army General Orders 53, dated 1970.



16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, from 25 December 1965 to 30 June 1966, and the Vietnam Counteroffensive, Phase II, from 1 July 1966 to 31 May 1967, 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.

17.  A review of the applicant's service record shows he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on 7 January 1966 for being absent from his unit from on or about 31 December 1965 to on or about 2 January 1966 that resulted in a forfeiture of pay, restriction, and extra duty.  His DD Form 214 does not indicate any lost time.  Furthermore, Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

18.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show awards of the Army Commendation Medal, a second award of the Purple Heart, and any other awards and decorations he may have earned.

2.  General orders awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 2 July 1966 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 Unit 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 two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

5.  The evidence of record confirms that the applicant served honorably during the period 17 August 1965 through 16 August 1967.  He received "excellent" conduct and efficiency ratings throughout his military service, attained the rank of SP4/E-4, and was awarded the Bronze Star Medal with "V" Device and Purple Heart.  He receive an Article 15 early in his service, however, it appears that this minor derogatory information would not have disqualified him for the first award of the Good Conduct Medal.  Lacking any major derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

6.  With respect to a second award of the Purple Heart, there are no general orders that show the applicant was awarded a second award of the Purple Heart and there is no evidence in his service personnel records that shows that he suffered a second wound/injury as a result of hostile action or treated for such wounds.  In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base adding second award of the Purple Heart to his DD Form 214.

7.  With respect to award of the Army Commendation Medal, the applicant’s records are void of a formal recommendation or general orders that show he was awarded the Army Commendation Medal.  Notwithstanding the certificate and citation provided by the applicant, in the absence of such documentation, there is insufficient evidence upon which to base adding the Army Commendation Medal to his DD Form 214.

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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 17 August 1965 through 16 August 1966; and

	b.  adding award of the Good Conduct Medal (1st Award), the Bronze Star Medal with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be affixed to 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 Army Commendation Medal and a second award of the Purple Heart. 




      _______ _   _XXX______   ___
               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)                                         AR20090002839



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ABCMR Record of Proceedings (cont)                                         AR20090002839



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