IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100000899 


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 two additional awards of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster), Bronze Star Medal, and Silver Star.

2.  The applicant states:

* He has documentation to show entitlement to three awards of the Purple Heart and one award of the Bronze Star Medal
* His captain submitted him for the Silver Star and it was awarded
* He and another Soldier, while under incoming fire, crawled to a tank and loaded a round in the main cannon and fired the round toward the incoming fire
* The incoming fire stopped and the ranger group with them searched the area and found a "50" and a "51" caliber machine gun with boxes of ammunition set up  

3.  The applicant provides:

* DD Form 214
* Service personnel records
* Orders for three awards of the Purple Heart
* Orders for the Bronze Star Medal
* DA Form 20 (Enlisted Qualification Record) 

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 15 January 1970.  He arrived in Vietnam on 26 June 1970.  He served as an armor crewman assigned to Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry of the 9th Infantry Division in Vietnam from 12 July 1970 through 21 July 1970.  He was assigned to Troop C, 3rd Squadron, 5th Cavalry of the 9th Infantry Division in Vietnam from 22 July 1970 through 18 August 1971.  On 19 August 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Purple Heart, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) General Orders Number 1576, dated 29 August 1970, show the applicant received the Purple Heart for wounds received in action on 20 August 1970 in Vietnam.

5.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) Special Orders Number 276, dated 3 October 1970, show the applicant received the Combat Infantryman Badge

6.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) General Orders Number 619, dated 6 May 1971, show the applicant received the Purple Heart with First Oak Leaf Cluster for wounds received in action on 16 April 1971 in Vietnam.


7.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) General Orders Number 896, dated 4 June 1971, show the applicant received the Bronze Star Medal for meritorious service during the period June 1970 to August 1971

8.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized) General Orders Number 1409, dated 12 July 1971, show the applicant received the Purple Heart for wounds received in action on 23 June 1971 in Vietnam.

9.  There are no orders for the Silver Star in the available records.

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 Silver Star pertaining to the applicant.

11.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

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 applicant's unit (3rd Squadron, 5th Cavalry) 
at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.  

13.  Army Regulation 600-8-22 (Military Awards) states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14.  Army Regulation 600-8-22 states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows one award of the Purple Heart.  However, orders show he received three awards of the Purple Heart.  Therefore, his DD Form 214 should be corrected to show two additional awards of the Purple Heart.

2.  Orders show the applicant received the Bronze Star Medal and Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  There are no orders for the Silver Star in the available records.  Therefore, there is insufficient evidence on which to base adding the Silver Star to his 
DD Form 214.   

4.  The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this medal. 

5.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.

6.  The applicant's unit (3rd Battalion, 5th Cavalry) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 the Purple Heart and replacing it with the Purple Heart with Second Oak Leaf Cluster on his DD Form 214; and

	b.  adding the Bronze Star Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal on 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 Silver Star.  



      _______ _   _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)                                         AR20100000899





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ABCMR Record of Proceedings (cont)                                         AR20100000899



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