IN THE CASE OF:	  

		BOARD DATE:	    27 May 2010

		DOCKET NUMBER:  AR20090019382 


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 award of the Bronze Star Medal and the Purple Heart.  He also requests correction of his DD Form 214 to show award of the Combat Infantryman Badge. 

2.  The applicant states, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the award he was given for the combat experience he endured while serving in Vietnam.  

3.  The applicant provides the following documents in support of his application:

* Special Orders Number 318 dated 14 November 1971
* DD Form 214
* Letter from the Department of Veterans Affairs dated 4 August 1992
* Orders for the Combat Infantryman Badge

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 14 April 1971.  He completed the required training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  The applicant was assigned to Vietnam on 12 September 1971, and he     was assigned to Company A, 2nd Battalion, 501st Infantry as a rifleman on       23 September 1971.  

4.  Special Orders Number 318, dated 14 November 1971, show the applicant was awarded the Combat Infantryman Badge.

5.  The applicant departed Vietnam on 25 April 1972.  He was credited with participation in the following campaigns:  

* Consolidation I 
* Consolidation II 
* Vietnam Ceasefire Campaign 

6.  Item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) does not list the Bronze Star Medal or the Purple Heart.  His DA Form 20 does list the Combat Infantryman Badge.  

7.  The applicant's service record does not contain any orders which show he was awarded the Bronze Star Medal or Purple Heart.  Item 40 on his DA Form 20 does not list any wounds as a result of hostile action.  His name is also not included on the Vietnam Casualty Roster.  

8.  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 U.S. Army Human Resources Command failed to reveal orders for the Bronze Star Medal and the Purple Heart pertaining to the applicant.  

9.  The applicant was released from active duty on 30 April 1972.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Good Conduct Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows at the time of the applicant’s assignment to the 2nd Battalion, 501st Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 6, dated 1974.

11.  U.S. Army Vietnam Regulation 672-1 (Military 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 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 (Military Awards) states 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.  

13.  Army Regulation 600-8-22 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, to include the Vietnam Service Medal.

14.  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.

15.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  U.S. Army Human Resources Command, Personnel Service Support Division, 200 Stovall Street, Room 3S67, Alexandria, VA 22332-0405.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  
Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 does not show the awards he was authorized for his combat experience in Vietnam is acknowledged.  

2.  While there is insufficient documentation and evidence for awarding the applicant the Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal, by submitting a request, with an award recommendation and supporting evidence, through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  The applicant’s service record does not contain orders which authorized the award of the Purple Heart and his name is not listed on the Vietnam Casualty Roster.  

4.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, the wound must have required treatment by medical personnel, and the treatment must have been made a matter of official record.  In the absence of evidence which shows the applicant was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.  

5.  Special orders show the applicant was awarded the Combat Infantryman Badge and this badge should be added to his DD Form 214.  

6.  The applicant was assigned to the 2nd Battalion, 501st Infantry during a period the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, the award should be added to his DD Form 214.

7.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his Vietnam Service Medal.

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 adding the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his 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 award of the Bronze Star Medal and the Purple Heart.   




      ________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)                                         AR20090019382



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019382



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1