IN THE CASE OF:	  

		BOARD DATE:	  17 September 2009

		DOCKET NUMBER:  AR20090007746 


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 (Report of Transfer or Discharge) for the period ending 20 November 1966 to show award of the Purple Heart.  He requests, in effect, correction of his DD Form 214 for the period ending 4 May 1971 to show the Purple Heart, the Bronze Star Medal with "V" Device, and the Army Commendation Medal.  He also requests that the second digit in item 2 (Service Number) on his DD Form 214 for the period ending 4 May 1971 be corrected to show "4."

2.  The applicant states that the medals are not shown on his DD Forms 214.

3.  The applicant provides an award certificate for the Bronze Star Medal for heroism and copies of his DD Forms 214 in support of his 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 enlistment contract, dated 5 March 1964, shows the second digit of his service number is "4."  He enlisted in the Regular Army on 5 March 1964 for a period of 3 years.  He arrived in Vietnam on 13 May 1965.  He served as a light weapons infantryman assigned to the 117th Aviation Company in Vietnam from 20 May through 9 September 1965.  He was assigned to the 52nd Security Platoon in Vietnam from 10 September 1965 to 12 May 1966.  On
20 November 1966, the applicant was honorably discharged for immediate reenlistment.

3.  Item 2 on the applicant's DD Form 214 for the period ending 20 November 1966 shows the second digit of his service number is "4."  This DD Form 214 shows the Armed Forces Expeditionary Medal (Vietnam) and the National Defense Service Medal as authorized awards.  

4.  There is no evidence in the available records which show that the applicant was awarded the Purple Heart or he was wounded as a result of hostile action in Vietnam.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

6.  Records show the applicant served in two campaigns during his first assignment in Vietnam.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the 117th Aviation Company was awarded the Presidential Unit Citation for actions during the period 10-13 June 1965 based on Department of the Army General Orders Number 43, dated 1966.

8.  Department of the Army Pamphlet 672-3 shows the 52nd Security Platoon was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period of time the applicant was assigned to the unit based on Department of the Army General Orders Number 22, dated 1968.  

9.  The applicant's reenlistment contract, dated 21 November 1966, shows the second digit of his service number is "4."  He reenlisted on 21 November 1966 for a period of 6 years.  He arrived in Vietnam on 1 March 1968.  He served as a light weapons infantryman assigned to Company C, 1st Battalion, 28th Infantry, 1st Infantry Division in Vietnam from 17 March 1968 through 25 February 1969.  On 4 May 1971, the applicant was honorably discharged. 

10.  Item 2 on the applicant's DD Form 214 for the period ending 4 May 1971 shows the second digit of his service number is "5."  This DD Form 214 shows the National Defense Service Medal, two awards of the Overseas Service Bar, the Combat Infantryman Badge, the Good Conduct Medal (2nd award), the Expert Marksmanship Qualification Badge with Rifle Bar, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960) as authorized awards. 

11.  Headquarters, 1st Infantry Division General Orders Number 8633, dated 
18 August 1968, show the applicant received the Bronze Star Medal with "V" Device for heroism on 11 May 1968 in Vietnam. 

12.  There are no orders for the Army Commendation Medal in the available records.

13.  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 Purple Heart or the Army Commendation Medal.

14.  Records show the applicant served in five campaigns during his second assignment in Vietnam.

15.  Department of the Army Pamphlet 672-3 shows the 1st Battalion, 28th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period of time the applicant was assigned to the unit based on Department of the Army General Orders Number 21, dated 1969.  

16.  Department of the Army Pamphlet 672-3 also shows the 1st Battalion, 
28th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period of time the applicant was assigned to the unit based on Department of the Army General Orders Number 53, dated 1970.

17.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.
18.  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.

19.  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 and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

20.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.  

2.  Orders show the applicant received the Bronze Star Medal with "V" Device for heroism on 11 May 1968.  Therefore, his DD Form 214 for the period ending 
4 May 1971 should be corrected to show this medal.

3.  There are no orders for the Army Commendation Medal in the available records.  Therefore, there is insufficient evidence on which to base award of the Army Commendation Medal.

4.  Evidence of record shows the applicant's second digit of his service number is "4."  Therefore, it would be appropriate to correct the second digit of his service number in item 2 on his DD Form 214 for the period ending 4 May 1971.  

5.  The applicant's DD Form 214 for the period ending 4 May 1971 shows the Vietnam Service Medal with two bronze service stars.  However, records show the applicant participated in two campaigns during his first tour in Vietnam and he participated in five campaigns during his second tour in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star and two bronze service stars.  Therefore, his DD Form 214 for the period ending 4 May 1971 should be corrected to show this award. 

6.  The applicant's unit (117th Aviation Company) received the Presidential Unit Citation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 4 May 1971 should be corrected to show this unit award.  

7.  The applicant's units (52nd Security Platoon and 1st Battalion, 28th Infantry) were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is authorized to wear one of these awards.  However, his DD Form 214 for the period ending 4 May 1971 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  The applicant’s unit (1st Battalion, 28th Infantry) received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 4 May 1971 should be corrected to show this unit award.

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.  deleting the second digit of his service number in item 2 on his DD Form 214 for the period ending 4 May 1971;

	b.  deleting item 2 on his DD Form 214 ending on 4 May 1971 and adding an entry in item 2 that shows the second digit is “4”; and



	c.  adding the Bronze Star Medal with "V" Device, the Presidential Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star to his already-awarded Vietnam Service Medal with two bronze service stars on his DD Form 214 ending 4 May 1971.

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 Purple Heart and the Army Commendation 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)                                         AR20090007746



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ABCMR Record of Proceedings (cont)                                         AR20090007746



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