BOARD DATE:	29 June 2010  

		DOCKET NUMBER:  AR20100000093 


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 the Purple Heart (PH) and Bronze Star Medal (BSM) be added to his DD Form 214.

2.  The applicant states the following:

   a.  while serving in the Republic of Vietnam (RVN), he was wounded one morning during a mortar attack, but he continued to perform his duties as a paramedic despite his wounds;

   b.  he subsequently received medical treatment for his wounds in Japan and he was awarded the PH;

   c.  he was awarded the BSM after he was separated from active duty;

   d.  he had both medals and certificates in his possession but he no longer has them and they are not included on his DD Form 214; and

   e.  he also requests that a replacement set of medals be issued to him.

3.  The applicant provides a copy of his DD Form 214 and County of Michigan, Department of Public Services, Veterans Services Division, letter 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's record shows he enlisted in the Regular Army on 30 August 1965.  He was trained in and awarded military occupational specialty (MOS) 91B (Medical Corpsman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 19 August 1968 (should be 1967) through 12 August 1968, and that he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion (Bn), 327th Infantry (Inf) Regiment (Rgmt), 101st Airborne (Abn) Division (Div).

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Medical Badge (CMB)
* Parachutist Badge
* RVN Campaign Medal (RVNCM) with 1960 Device
* Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains Headquarters, 101st Abn Div, General Orders (GO) Number (#) 1423, dated 12 June 1968, which awarded him the PH for wounds received in connection with military operations against a hostile force in the RVN on 25 February 1968.

6.  The applicant's record is void of an order indicating he was awarded the BSM by proper authority while serving on active duty.  It does contain DA Form 137 (Installation Clearance Record) that documents his clearing processing prior to his release from active duty (REFRAD) and it shows he was recommended for award of the BSM on 21 June 1968.

7.  The applicant’s OMPF contains orders confirming he qualified as a “sharpshooter” with the M-14 and M-16 rifles.

8.  On 15 August 1968, the applicant was honorably released from active duty after completing a total of 2 years, 11 months, and 11 days of creditable active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows he earned the following awards:  NDSM, VSM, CMB, Parachutist Badge, and the RVNCM with Device 1960.

9.  In the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) which is a web based index containing general orders issued between 1965 and 1973 for the Vietnam era.  No orders were found awarding the applicant the BSM.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

   a.  Table B-1 of the awards regulation contains a list of RVN campaigns and shows that during the applicant's tenure of assignment participation credit was granted for the Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968); TET Counteroffensive (30 January 1968 – 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968); and Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968) campaigns. 

   b.  The awards regulation states the decision to award an individual a decoration and as to which award is appropriate are both subjective decisions made by the commander having award approval authority.  Formal recommendations should be submitted for individual awards for service.  The award must be approved by the appropriate award approval authority and announced in official orders. 
   
   c.  Paragraph 3-14 of the awards regulation contains guidance on award of the BSM and states, in pertinent part, that it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star. 

11.  Title 10, U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in 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.

12.  The 10 USC 1130 award 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.

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (2nd Bn, 327th Inf Rgmt) earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the PH and BSM should be added to his DD Form 214 and he should be issued replacement medals.  There is sufficient evidence to support granting a portion of the requested relief.  

2.  The evidence of record confirms the applicant was awarded the PH in official orders by the appropriate award authority.  It also includes official orders that show he earned the Sharpshooter Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars.  Accordingly, these awards should be added to his DD Form 214 at this time.

3.  The evidence of record also confirms that based on his service and campaign participation in the RVN, he is eligible for the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars to be worn with his Vietnam Service Medal.  Therefore, these awards should also be added to his DD Form 214.

4.  The available evidence shows the applicant was recommended for award of the BSM as evident by the DA Form 137 on file in his MPRJ.  However, there are no documents in his record to show the recommendation was ever approved or orders were issued for the BSM by proper authority.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 

5.  While the available evidence is insufficient to correct his records to show award of the BSM, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130. 

6.  The applicant is advised that it is not within the purview of the Board to issue award medal sets.  However, he may submit a request for the medal sets for the awards identified on his DD Form 214.  This request should be submitted to the following address:  United States Army Soldier and Biological Chemical Command IMMC-Soldier Systems Directorate, 700 Robbins Avenue, Post Office Box 57997, Philadelphia, Pennsylvania 19111-7997.

7.  In view of the foregoing, the applicant’s record should be corrected as indicated below.

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.  amending item 24 of his DD Form 214 by adding the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 4 bronze service stars to be worn with his already-awarded Vietnam Service Medal; and 

   b.  providing him a document that includes these changes. 

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 the Bronze Star Medal and the issuance of medals.  




      _______ _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)                                         AR20100000093



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ABCMR Record of Proceedings (cont)                                         AR20100000093



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