IN THE CASE OF:	

		BOARD DATE:	02 February 2010  

		DOCKET NUMBER:  AR20090014112 


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) to show the Bronze Star Medal with "V" Device and the Purple Heart.

2.  The applicant states, in effect, that he received the Bronze Star Medal with "V" Device for heroism on 23 May 1970 and that he was wounded twice by rocket and mortar fire in the neck and left buttocks.

3.  The applicant provides orders and an award certificate for the Bronze Star Medal with "V" Device; a citation and award certificate for the Bronze Star Medal with First Oak Leaf Cluster; an award certificate for the Army Commendation Medal; a citation and award certificate for the Air Medal; and an Honorable Discharge Certificate 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 27 February 1969.  He arrived in Vietnam on 26 July 1969.  He served in military occupational specialty (MOS) 11B as a light weapons infantryman assigned to Company C, 2nd Battalion, 5th Cavalry, 1st Cavalry Division in Vietnam from 31 July 1969 until he was honorably discharged on 27 October 1969 for immediate enlistment in the Regular Army (RA).

3.  The applicant's DD Form 214 for the period ending 27 October 1969 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Certificates Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, and the Combat Infantryman Badge as authorized awards.

4.  While in Vietnam, the applicant enlisted in the RA on 28 October 1969 for a period of 3 years for training in career group 76 (supply).  He served in MOS 76V as an equipment storage specialist assigned to the 15th Supply and Service Battalion, 1st Cavalry Division in Vietnam from 15 November 1969 through
31 December 1970.  He was further assigned to Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division from 1 January 1971 through
24 August 1971.  On 2 May 1972, the applicant was released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.

5.  The applicant's DD Form 214 for the period ending 2 May 1972 shows in item 24 the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Bronze Star Medal, Air Medal, Army Commendation Medal, Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as his authorized awards.  

6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 9000, dated 1 June 1970, show the applicant received the Bronze Star Medal with "V" Device for heroism on 23 May 1970 in Vietnam.
 
7.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 18810, dated 24 October 1970, show the applicant received the Bronze Star Medal with First Oak Leaf Cluster for meritorious service during the period December 1969 to December 1970.

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

9.  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.

10.  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 pertaining to the applicant.

11.  Evidence of record shows the applicant participated in the following five campaigns during his assignment in Vietnam:  Vietnam Summer-Fall 1969
(9 June 1969 - 31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970); Sanctuary counteroffensive (1 May 1970 - 30 June 1970); Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971); and Consolidation I (1 July 1971 - 31 November 1971).

12.  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 15th Supply and Service Battalion was awarded the Valorous Unit Award for actions during the period 1 May 1970 to 
29 June 1970 based on Department of the Army General Orders (DAGO) Number 43, dated 1972.

13.  Department of the Army Pamphlet 672-3 shows the 15th Supply and Service Battalion was awarded the Meritorious Unit Commendation for actions during the period 1 June 1968 to 30 November 1969 based on DAGO Number 2, dated 1971.  This unit was cited for a second award of the Meritorious Unit Commendation for actions during the period 1 January 1970 to 31 December 1970 based on DAGO Number 43, dated 1972.

14.  Department of the Army Pamphlet 672-3 shows the 2nd Battalion,
5th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (May 1969 to February 1970) based on DAGO Number 11, dated 1973.

15.  Department of the Army Pamphlet 672-3 shows the 15th Supply and Service Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 based on DAGO 

Number 11, dated 1973.  This unit was awarded a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 based on DAGO Number 42, dated 1972.

16.  Paragraph 6 (Miscellaneous Information) of DA 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.

17.  Department of the Army Pamphlet 672-3 also shows the 15th Supply and Service Battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 42, dated 1972.

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

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.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 for the period ending 2 May 1972 shows the Bronze Star Medal; however, orders show he received two awards of the Bronze Star Medal, of which one award was for valor.  Therefore, this DD Form 214 should be corrected to show the Bronze Star Medal with First Oak Leaf Cluster with "V' Device.

2.  The applicant's contention that he was wounded twice by rocket and mortar fire in the neck and left buttocks was noted.  However, there is no evidence of record and the applicant did not provide any evidence which shows that he 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.

3.  The applicant participated in five campaigns during his assignment in Vietnam.  Therefore, he is entitled to one silver service star to be worn on his already-awarded Vietnam Service Medal.
4.  The applicant's unit (15th Supply and Service Battalion) was awarded the Valorous Unit Award, two awards of the Meritorious Unit Commendation, and 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 2 May 1972 should be corrected to show these unit citations.

5.  The applicant's units were cited for three 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 for the period ending 2 May 1972 should be corrected to show three 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.  deleting from item 24 of his DD Form 214 for the period ending 2 May 1972 the Bronze Star Medal; and

	b.  adding to item 24 of his DD Form 214 for the period ending 2 May 1972 the Bronze Star Medal with First Oak Leaf Cluster with "V" Device, Vietnam Service Medal with one silver service star, Valorous Unit Award, two awards of the Meritorious Unit Commendation, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class 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 Purple Heart.


3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090014112



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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