BOARD DATE:	  20 August 2009

		DOCKET NUMBER:  AR20090005086 


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 Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, the Purple Heart with oak leaf cluster, and the Combat Infantryman Badge with Wreath.

2.  The applicant states, in effect, that his DD Form 214 does not list all his awards, specifically the Bronze Star Medal with "V" Device that was awarded and issued to him for heroism in connection with military operations against a heavy assault on his unit on 27 April 1968. 

3.  The applicant provides a copy of his DD Form 214, dated 12 June 1969, and a copy of General Orders Number 4839, issued by Headquarters, 4th Infantry Division, on 14 September 1968, awarding him the Army Commendation Medal with "V" Device, 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 13 June 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 12 June 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 13 November 1967 to on or about 12 November 1968.  He was assigned to Company C, 1st Battalion, 22nd Infantry, 4th Infantry Division from on or about 20 November 1967 to on or about 11 May 1968 and Company D, 1st Battalion, 69th Armor from on or about 11 May 1968 to on or about 8 November 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal, the National Defense Service Medal, two overseas service bars, the Army Commendation Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show awards of the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, and/or the Purple Heart with oak leaf cluster.

5.  Headquarters, 4th Infantry Division, General Orders Number 2067, dated 21 May 1968, show the applicant was awarded the Purple Heart for wounds received in action by a hostile force on 27 April 1968.

6.  The applicant's name is shown on the Vietnam casualty roster as having been wounded as a result of hostile action on 27 April 1968.  There is no listing of a second wound or injury on this roster.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant suffered a fragment wound to his face on 27 April 1968.  There is no listing of a second wound/injury on this form.



8.  The applicant's records contain a copy of a Department of the Army telegram, dated 29 April 1968, as well as a Western Union telegram, dated on 30 April 1968, informing the applicant's parents of his 27 April 1968 injury.  However, his records do not contain other telegrams or notifications of a second wound or injury.

9.  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.

10.  Headquarters, 4th Infantry Division, General Orders Number 4839, dated 14 September 1968, show the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam.  The General Orders cited the following reason:

[Applicant] distinguished himself while serving as a rifleman with Company C, 1st Battalion, 27th Infantry, 4th Infantry Division, on 27 April 1968.  [Applicant's] company was on an assault of Chu Moor Hill, west of Kontum City near the Cambodian border.  As the company advanced they began receiving heavy machinegun and sniper fire from a well entrenched and camouflaged North Vietnamese force.  With complete disregard to his own safety, [Applicant] moved from one place to another in order to throw grenades and place suppressive fire on the enemy.  His bravery in the face of the enemy was inspirational to the rest of the element and contributed immensely to the success of his company's mission.

11.  Headquarters, 4th Infantry Division, General Orders Number 5554, dated 13 October 1968, show the applicant was awarded the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from November 1967 to November 1968.

12.  The applicant's records do not contain general orders that show he was awarded the Bronze Star Medal with "V" Device.




13.  During the processing of this case, a member of 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 any Bronze Star Medal with "V" Device or Purple Heart orders on file for the applicant.  

14.  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.  

15.  Title 10 of the U. S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in 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.

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

17.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service.

18.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualified period of active duty enlisted service.  This period was 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.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 1st Battalion, 22nd Infantry, was awarded the Valorous Unit Award from 30 January 1968 to 12 February 1968 based on Department of the Army General Orders 43, dated 1970; the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 August 1965 to 16 April 1971, based on Department of the Army General Orders Number 54, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal First Class Citation from 1 October 1966 to 31 October 1969 based on Department of the Army General Orders 53, dated 1970.

20.  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 five campaigns during his tour of duty in the Republic of Vietnam as follows: the Vietnam Counteroffensive, Phase III, from 1 June 1967 to 29 January 1968; the TET Counteroffensive, from 30 January 1968 to 1 April 1968; the Vietnam Counteroffensive, Phase IV, from 2 April 1968 to 30 June 1968; the Vietnam Counteroffensive, Phase V, from 1 July 1968 to 1 November 1968; and the Vietnam Counteroffensive, Phase VI, from 2 November 1968 to 22 February 1969,.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and that a silver service star denotes five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device, the Army Commendation Medal with "V" Device, the Purple Heart with oak leaf cluster, and the Combat Infantryman Badge with Wreath.

2.  General orders awarded the applicant the Purple Heart for wounds received in action by a hostile force on 27 April 1968 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 two awards of the Army Commendation Medal, one of which is with a "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 

4.  The evidence of record confirms that the applicant served honorably during the period 13 June 1967 through 12 June 1968.  He completed a combat tour in Vietnam, was awarded the Purple Heart and the Combat Infantryman Badge, and received "excellent" efficiency and conduct ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.

5.  General orders awarded the applicant’s unit the Valorous Unit Award, 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.

6.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to the Vietnam Service Medal.

7.  With respect to the Combat Infantryman Badge with Wreath, this award is already listed on the applicant's DD Form 214.  The Combat Infantryman Badge is described as a silver and enamel badge, 1 inch in height and 3 inches in width, consisting of an infantry musket on a light blue bar with a silver border, on and over an elliptical oak wreath.  Stars are added at the top of the wreath to indicate subsequent awards; one star for the second award, two stars for the third award and three stars for the fourth award.  The bar is blue, the color associated with the Infantry branch.  The musket is adapted from the Infantry insignia of branch and represents the first official U.S. shoulder arm, the 1795 model Springfield Arsenal musket.  The oak symbolizes steadfastness, strength and loyalty.

8.  With respect to the additional award of the Purple Heart, there is no evidence in the applicant’s records and the applicant did not provide any evidence that shows he suffered additional combat wounds, that he was treated for such wounds, or that his treatment was made a matter of official records.  In the absence of documentary evidence that conclusively shows he was wounded or injured a second time as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base an additional award of the Purple Heart in this case.


9.  With respect to the Bronze Star Medal with "V" Device, the applicant's valor and courage on 27 April 1968 under extremely hazardous conditions is acknowledged and applauded; he is truly an American hero.  However, the decision of whether to award an individual a decoration and which decoration to award is a judgment call made by the commander having award approval authority.  The applicant's chain of command at the time of the act, or shortly thereafter, determined that his actions warranted award of the Army Commendation Medal with "V" Device.  

10.  There is no indication that the applicant was recommended for or that he was awarded the Bronze Star Medal with "V" Device for his heroic actions on 27 April 1968.  The governing Army regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to award the applicant the Bronze Star Medal with "V" Device.

11.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal with "V" Device, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal with "V" Device by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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 13 June 1967 through 12 June 1969;

	b.  deleting from item 24 of the applicant's DD Form 214 the entry "Vietnam Service Medal" and the "Army Commendation Medal"; and

	c.  adding to item 24 of the applicant's last DD Form 214 the Good Conduct Medal (1st Award), the Purple Heart, the Army Commendation Medal (1st Oak Leaf Cluster) and "V" Device, the Vietnam Service Medal with a silver service star, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Citation.

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 with "V" Device and a second award of the 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)                                         AR20090005086



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