IN THE CASE OF:	  

		BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090009920 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart with First Oak Leaf Cluster and the Bronze Star Medal.

2.  The applicant states that he received these medals but they were never put on his service record.

3.  The applicant provides orders for the Purple Heart with First Oak Leaf Cluster and a copy of his DD Form 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 was inducted into the Army of the United States on 5 May 1966.  He arrived in Vietnam on 18 April 1967.  He served as an armor crewman assigned to Company C, 2nd Battalion, 34th Armor, in Vietnam from 22 April 1967 through 12 April 1968.  On 15 April 1968, the applicant was released from active duty in the temporary rank of specialist five after completing 1 year, 11 months, and 11 days of creditable active service with no time lost.

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Pistol Bar as authorized awards.

4.  Headquarters, II Field Force Vietnam, General Orders Number 1391, dated 25 November 1967, show the applicant received the Purple Heart for wounds received in action on 17 July 1967.

5.  Headquarters, II Field Force Vietnam, General Orders Number 1392, dated 25 November 1967, show the applicant received the Purple Heart with First Oak Leaf Cluster for wounds received in action on 15 September 1967.

6.  There are no orders for the Bronze Star Medal in the available records.

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 Bronze Star Medal.

9.  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.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

10.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

11.  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 pamphlet shows Company C, 2nd Battalion, 34th Armor, was awarded the Valorous Unit Award for actions during the period 22 April 1967 to 20 August 1967 based on Department of the Army General Orders (DAGO) Number 43, dated 1972.

12.  Department of the Army Pamphlet 672-3 shows the 2nd Battalion, 34th Armor, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 1 August 1967 based on DAGO Number 48, dated 1971, and that this unit received a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to August 1968 based on DAGO Number 48, dated 1971.

13.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

14.  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.  

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

16.  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.



DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant received the Purple Heart with First Oak Leaf Cluster.  Therefore, his DD Form 214 should be corrected to show this award.

2.  There are no orders for the Bronze Star Medal in the available records.  Therefore, there is insufficient evidence on which to base award of the Bronze Star Medal in this case.  If the applicant can provide his Bronze Star Medal orders, he may apply for reconsideration.

3.  The applicant was separated in the temporary rank of specialist five with 23 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 5 May 1966 through 15 April 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

4.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant's unit (Company C, 2nd Battalion, 34th Armor) was cited for award of the Valorous Unit Award while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The applicant's unit (2nd Battalion, 34th Armor) was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
 
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 him the first award of the Army Good Conduct Medal for the period 5 May 1966 through 15 April 1968; and 

	b.  adding the Purple Heart with First Oak Leaf Cluster, the Army Good Conduct Medal, the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on 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 adding the Bronze Star Medal to his DD Form 214.



      ____________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)                                         AR20090009920



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ABCMR Record of Proceedings (cont)                                         AR20090009920



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