IN THE CASE OF:	

		BOARD DATE:	22 December 2009  

		DOCKET NUMBER:  AR20090011994 


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 award of the Bronze Star Medal with "V" Device and the Purple Heart for wounds received in action while serving in the Republic of Vietnam.

2.  The applicant states he was awarded the Purple Heart and was promised the Bronze Star Medal for valor, but he never received it.

3.  The applicant provides copies of his DD Form 214 and a certificate showing award of the Purple Heart 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.  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.

3.  On 5 December 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 12B (Combat Engineer).

4.  On 12 April 1968, the applicant departed Fort Leonard Wood, Missouri, for duty in the Republic of Vietnam.

5.  On 7 May 1968, the applicant was assigned to the 919th Engineer Company as a pioneer.  He served in this position until his return to the United States on or about 29 April 1969.

6.  A Standard Form 600 (Chronological Record of Medical Care), dated 18 May 1968, states that the applicant was hit by a rocket propelled grenade on 16 May 1968 and that he received shrapnel wounds to his arm and sustained pain in both ears.

7.  A Standard Form 502 (Narrative Summary), dated 19 May 1968, states that the applicant was injured in combat on 16 May 1968 and that he went to the 37th Medical Company for treatment of shrapnel wounds and for the ringing in his ears.

8.  The applicant provided a copy of a certificate, dated 17 July 1968, showing he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam.

9.  On 10 June 1969, the applicant was assigned for duty at Fort Belvoir, Virginia.

10.  On 4 December 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4, and had completed 2 years of creditable active duty service.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Bronze Star Medal with "V" Device or the Purple Heart.

12.  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 awarding the applicant the Bronze Star Medal with "V" Device or the Purple Heart.

13.  The applicant's name is not listed on the Vietnam casualty roster.

14.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) of this same form does not show award of the Bronze Star Medal with "V" Device or the Purple Heart.

15.  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, and the medical treatment must have been made a matter of official record.

16.  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 have been awarded for heroism, meritorious achievement, or meritorious service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  A "V" Device denotes an award for valor.

17.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam participation credit was awarded for the following four campaign periods:  the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase VI, and the Tet 69 Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 919th Engineer Company was cited in Department of the Army General Orders Number 60 for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time of the applicant's assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Bronze Star Medal with "V" Device and that his DD Form 214 should be corrected to show award of the Bronze Star Medal with "V" Device and the Purple Heart.

2.  There is no available evidence of record showing that the applicant was awarded the Bronze Star Medal with "V" Device for his service or achievement at any time during his period of active duty service.

3.  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 award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  There are no available general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam casualty roster.  The certificate, provided by the applicant, is not sufficient evidence by itself upon which to base a correction of his records.  However, medical records in the applicant's official military personnel file clearly show that he was wounded in combat and received medical treatment.  Therefore, his records should be corrected to show he was awarded the Purple Heart.

5.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign 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 from item 24 of his DD Form 214 the Vietnam Service Medal; and

	b.  showing that, in addition to the awards already shown on his DD Form 214, his authorized awards include the Purple Heart, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit 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 award of the Bronze Star Medal with "V" Device.



      ___________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)                                         AR20090011994



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ABCMR Record of Proceedings (cont)                                         AR20090011994



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