IN THE CASE OF:	  

		BOARD DATE:	          27 August 2009

		DOCKET NUMBER:  AR20090003801 


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 his award of the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 16 March 1970.  He requests award of a second Purple Heart and any other medals to which he may be entitled or authorized.  He also requests, in effect, a second award of the Bronze Star Medal listed as pending on the reverse side of his DA Form 137 (Installation Clearance Record).

2.  The applicant states the reverse side his DA Form 137 shows some awards that are not entered on his DD Form 214, including a pending Bronze Star Medal.  He states his service medical records show he should have received a second Purple Heart for an injury on or around 30 October 1968.

3.  The applicant provides copies of his DD Form 214, orders for award of the Bronze Star Medal, and his DA Form 137 for clearance from his unit in the Republic of Vietnam in support of application.

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 military personnel records show he was inducted into the Army of the United States on 22 May 1968.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 194, dated 12 July 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant was assigned to Company B, 5th Battalion, 60th Infantry, in the Republic of Vietnam from 25 October to 6 December 1968.

5.  On 30 November 1968, the applicant was wounded by hostile action.  Headquarters, 3rd Field Hospital, General Orders Number 276, dated 1 December 1968, awarded him the Purple Heart for wounds received on 30 November 1968 in connection with military operations against a hostile force.

6.  Headquarters, 9th Infantry Division, General Orders Number 11310, dated 14 December 1968, awarded the applicant the Purple Heart for wounds received on 30 November 1968 in connection with military operations against a hostile force.

7.  The applicant was assigned to Camp Zama, Japan, as a patient from 7 December 1968 to 9 February 1969.

8.  The applicant was reassigned to Company B, 5th Battalion, 60th Infantry, in the Republic of Vietnam from 10 February 1969 to 30 August 1969.

9.  Headquarters, 9th Infantry Division, General Orders Number 9350, dated 8 July 1969, awarded the applicant the Bronze Star Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period from February 1969 to May 1969.



10.  The reverse side of the applicant's DA Form 137, signed by him on 26 July [1969], contains the entries:

Awards Received	Awards Pending

CIB [Combat Infantryman Badge]	BS"S" [Bronze Star Medal]
ACM"A" [Army Commendation Medal]
BS"A" [Bronze Star Medal]

11.  On 16 March 1970, the applicant was released from active duty in the rank and grade of Sergeant, E-5.  He had completed 1 year, 9 months, and 25 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded or is authorized the Purple Heart, the Army Commendation Medal, the National Defense Medal, the Vietnam Service Medal, and the Combat Infantryman Badge.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received fragment wounds to his right knee, elbow, index finger, and back on 30 November 1968.  Item 40 does not contain any further entries.

12.  The applicant's service medical records were not available for review.

13.  The applicant is listed on the Vietnam casualty roster.  The roster reports the applicant's casualty status as hostile, wounded in action, not serious, hospitalized.  The listing reports the date of casualty as 30 November 1968.  There are no further listings for the applicant on this roster.

14.  There are no orders in the applicant's military service records awarding him a second Purple Heart or a second Bronze Star Medal.

15.  A 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 a second Purple Heart.  No orders for award of the Bronze Star Medal are listed in ADCARS for the applicant.

16.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

17.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive Phase V Campaign (1 July 1968-1 November 1968), the Vietnam Counteroffensive Phase VI Campaign (2 November 1968-22 February 1969), the Tet 69 Counteroffensive 1969 Campaign (23 February 1969-8 June 1969), and the Vietnam Summer-Fall 1969 Campaign (9 June 1969-31 October 1969).

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This publication shows that during the time of the applicant's assignment to Company B, 5th Battalion, 60th Infantry, the unit received the following unit awards:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 July 1968 to 13 November 1968, based on Department of the Army General Order Number 43, dated 1970, and 

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 19 December 1966 to 28 June 1969, based on Department of Army General Order Number 59, dated 1969.

19.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may be awarded for heroism, meritorious achievement, or meritorious service which does not involve aerial flight but which is performed in connection with military operations against an armed enemy including combat, support, and supply operations.

20.  Army Regulation 672-5-1 (Military Awards), then in effect, provided, in pertinent part, that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services, had been wounded, killed, or who had died as a result of 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 by a medical officer, and the medical treatment must have been made a matter of official record.

21.  U.S. Army Vietnam Regulation 672-1, then in effect, 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 would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

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

23.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

24.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

25.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's military records contain orders awarding the Bronze Star Medal.  Therefore, it is appropriate to include this award on his DD Form 214.

2.  The reverse side of the applicant's DA Form 137 indicates a possible recommendation for a second Bronze Star Medal.  A review of ADCARS did not show any orders for award of the Bronze Star Medal.  There are no orders in the applicant's military service records for the award of a second Bronze Star Medal.  There is no evidence of a second Bronze Star Medal being recommended or awarded.  Therefore, there is insufficient evidence to award the applicant a second Bronze Star Medal.

3.  While the available evidence is insufficient for awarding the applicant a second Bronze Star Medal, this in no way affects the applicant's right to pursue his claim for a second Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  The applicant contends his service medical records show he was injured on 30 October 1968 and he should receive a second Purple Heart.  His service medical records were not available for review.  A review of ADCARS did not show any orders for a second award of the Purple Heart.  Item 40 of his DA Form 20 does not show any wounds received on 30 October 1968.  The Vietnam casualty roster only lists the applicant once for being a casualty on 30 November 1968.  There is no entry for injury on 30 October 1968.

5.  There are two sets of orders in the applicant's records for award of the Purple Heart.  However, it is clear that both headquarters issued orders for award of the Purple Heart due to the wounds the applicant received on 30 November 1968.  Therefore, there is insufficient evidence in this case to approve a second award of the Purple Heart.

6.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 22 May 1968 to 16 March 1970 ending with the termination of a period of Federal military service.

7.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his Vietnam Service Medal.

8.  Based on the applicant's service with Company B, 5th Battalion, 60th Infantry, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

9.  During the applicant's first period of duty in the Republic of Vietnam he was authorized the Vietnam Service Medal.  He was evacuated prior to completing 6 months of service due to wounds resulting from hostile action.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960).

10.  Orders in the applicant's military service record show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, it is appropriate to include this award on 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 Army Good Conduct Medal for the period from 22 May 1968 to 16 March 1970 and

	b.  amending item 24 of his DD Form 214 to add the Bronze Star Medal, the Army Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and the Expert 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 Bronze Star Medal and a second 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)                                         AR20090003801



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090003801



8


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1