IN THE CASE OF:	

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090016743 


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 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Purple Heart and Bronze Star Medal.

2.  The applicant states the awards are not listed on his DD Form 214.  He needs these corrections to get his disability entitlement from the Department of Veterans Affairs and access to the hospital.

3.  The applicant provides copies of his:

* Purple Heart Certificate
* Bronze Star Medal Certificate
* 1969 DD Form 214

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 Official Military Personnel File does not contain a copy of orders confirming his entitlement to the Purple Heart.  However, the following information does confirm his entitlement:

* His name is among a listing of individuals reported as combat causalities in Vietnam
* Entry on his DA Form 20 (Enlisted Qualification Record) shows he was wounded on 25 August 1968
* Medical treatment documents

3.  The applicant’s file also doesn’t contain any orders confirming his award of the Bronze Star Medal.

4.  The applicant was inducted into the Army of the United States on 29 June 1967.  

5.  He arrived in Vietnam in December 1967 and performed duties as an infantryman with the 2nd Battalion, 7th Cavalry.  In 1968 during his tour of duty in Vietnam the applicant was:

* Promoted to pay grade E-4 in April
* Awarded the Combat Infantryman Badge in May
* Awarded an Air Medal for meritorious achievement in June
* Wounded as a result of hostile action on 25 August
* Received "excellent" conduct and efficiency ratings

6.  The applicant was evacuated from Vietnam as a result of his wounds and ultimately assigned to Fort Campbell following his medical treatment.

7.  On 27 June 1969 he was released from active duty with an honorable characterization of service.  His DD Form 214 reflects the following decorations:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal with 2 bronze service stars
* Combat Infantryman Badge
* Air Medal
* Army Good Conduct Medal
* Overseas Service Bar

8.  The Purple Heart certificate provided by the applicant was issued on 
3 September 1968.  The Bronze Star Medal certificate issued on 
10 November 1968 recognizes the applicant’s meritorious achievement from December 1967 to August 1968.  Both certificates bear the signature of Major General George I. Forsythe, commanding general of the 1st Cavalry Division and Stanley R. Resor, Secretary of the Army.

9.  Major General Forsythe commanded the 1st Cavalry Division between August 1968 and April 1969.  Stanley Resor was Secretary of the Army between 1965 and 1971.

10.  A 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 applicant.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in four campaigns.  This same regulation states bronze service stars on the Vietnam Service Medal denote the number of campaigns an individual participated in.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms the applicant’s unit received the Republic of Vietnam Gallantry Cross Unit Citation with Palm while he was a member of the organization:

13.  Army Regulation 600-8-22 provides for award of the Purple Heart for a wound sustained as a result of hostile action.  Substantiating evidence must show the wound resulted from hostile action, required treatment by medical personnel, and the medical treatment was made a matter of official record.

14.  Army Regulation 600-8-22 also states 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.  






DISCUSSION AND CONCLUSIONS:

1.  While the applicant’s file does not contain orders confirming award of the Purple Heart, information in his medical records, his DA Form 20, and the Vietnam Casualty Roster confirm he was wounded as a result of hostile action on 
25 August 1968.  It would be appropriate to correct his DD Form 214 to reflect his award.

2.  The evidence also confirms entitlement to the following:

* four bronze service stars to be worn with his Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

3.  The applicant provides a copy of a Bronze Star Medal certificate although no orders are available to confirm the award.  However, based on the following, in the absence of orders, it would be appropriate to confirm his entitlement to the award as a matter of equity:

	a.  The period of the award is consistent with his December 1967 arrival in Vietnam and his departure in August 1968 as a result of his medical evacuation.

	b.  The signatures on the certificate are consistent with the officials who would have been in place at the time.

	c.  Like the Purple Heart, the Bronze Star Medal was awarded after the applicant departed Vietnam.  As such, it would have been reasonable to expect that orders for the awards would not have reached his official file prior to his separation from active duty.

	d.  The applicant was awarded the Combat Infantryman Badge, an Air Medal, promoted to pay grade E-4, wounded as a result of hostile action, and received "excellent" conduct and efficiency ratings while in Vietnam.  It’s reasonable to believe he would have also been awarded a Bronze Star Medal in recognition of his achievements in Vietnam.  









BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  deleting the "Vietnam Service Medal with two campaign stars" from his 
DD Form 214.

   b.  adding to his Form 214 the Vietnam Service Medal with four bronze service stars, plus three additional decorations:

* Purple Heart
* Bronze Star Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _   _______   ___
               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)                                         AR20090016743



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ABCMR Record of Proceedings (cont)                                         AR20090016743



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