IN THE CASE OF:	  

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090012810 


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 records to show award of the Purple Heart and Bronze Star Medal.

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN).  He also states he received the Purple Heart and Bronze Star Medal; however, these awards are not recorded on his separation document.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 and entered active duty for a period of 2 years on 6 December 1967.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Qualification in Arms), in pertinent part, he qualified Sharpshooter with the M-14 Rifle on 10 February 1968 and qualified Expert with the M-16 Rifle on 15 May 1968;

	b.  item 31 (Foreign Service) that he served in the RVN from 4 June 1968 through 9 July 1969;

	c.  item 38 (Record of Assignments) that he was assigned to:

(1)  C Troop, 2nd Squadron, 17th Cavalry (Airborne), from 14 June to
30 June 1968 [redesignated];

	    (2)  C Troop, 2nd Squadron, 17th Cavalry, 101st Airborne Division, from
1 July 1968 to 24 January 1969; and

(3)  D Troop, 1st Squadron, 1st Cavalry Division (Airmobile), from
25 January to 7 July 1969;

	d.  item 39 (Campaigns) shows he served in the RVN during an [as then] unnamed campaign;

   e.  item 40 (Wounds) is blank; and

	f.  item 41 (Awards and Decorations) shows the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, two Overseas Service Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Purple Heart or Bronze Star Medal.




5.  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 (USA HRC), failed to reveal any orders showing the applicant was awarded the Purple Heart or Bronze Star Medal.
However, ADCARS contains a copy of Headquarters, 101st Airborne Division, General Orders Number 6197, dated 3 June 1969, that show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the RVN on 30 January 1969.

6.  A review of The Adjutant General's Office, Casualty Division's, Vietnam Casualty Roster, lists the applicant's name as having been wounded on 24 April 1969 as a result of enemy action.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 10 July 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed 1 year, 7 months, and 5 days of net active service, and 1 year,
1 month, and 6 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Army Commendation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and two Overseas Service Bars.

8.  A review of the applicant's military personnel records revealed that he may be authorized additional awards that are not shown on his DD Form 214.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his entire period of military service and there is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.

10.  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, at the time of the applicant's assignment to the 2nd Squadron, 17th Cavalry, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 21 (1969).

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

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

     a.  Chapter 3 (U.S., Army Individual Decorations) provides for award of individual military decorations in time of war and peace for heroism and for meritorious achievement or service.  It provides, in pertinent part, for personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

   b.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  It provides that 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.

	c.  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.  

d.  Appendix B of Army Regulation 600-8-22 lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the following five campaigns:  Vietnam Counteroffensive Phase IV (2 April - 30 June 1968), Vietnam Counteroffensive Phase V (1 July - 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969), Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969), and Vietnam Summer-Fall 1969 (9 June - 31 October 1969).  This regulation also provides, in pertinent part, for 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.  It further provides that a silver service star may be worn on the service medal in lieu of five bronze service stars.




DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his records to show award of the Purple Heart and Bronze Star Medal because he received the awards, but his DD Form 214 does not show the awards.

2.  The evidence of record shows the applicant was wounded as a result of enemy action in the RVN on 24 April 1969.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show award of the Purple Heart.

3.  There is no evidence of record that shows the applicant was recommended for award of the Bronze Star Medal, or that such an award was approved and announced in orders.  In addition, the applicant did not provide any evidence that shows he was awarded the Bronze Star Medal.  Therefore, there is insufficient evidence to support the applicant's claim to the Bronze Star Medal.

4.  General orders awarded the applicant the Air Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

5.  The applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to approve this award and show it on his DD Form 214.

6.  The applicant qualified for award of the Vietnam Service Medal and he served in five campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of one silver service star to be affixed on his already-awarded Vietnam Service Medal.

7.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

BOARD VOTE:

____X___  __X____  ___X  ___  GRANT FULL RELIEF 

________  ________  ________  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 for exemplary conduct, efficiency, and fidelity for the period 6 December 1967 to 10 July 1969;

   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

   c.  adding to item 24 of his DD Form 214 the Purple Heart, Air Medal, Good Conduct Medal, Vietnam Service Medal with one silver service star, and 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.



      _______ _ 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)                                         AR20090012810



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012810



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1