BOARD DATE:	 24 August 2010

		DOCKET NUMBER:  AR20100007852 


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 Bronze Star Medal with "V" Device and the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests that his medal be replaced.

2.  The applicant states he sustained grenade fragment wounds in the same battle for which he was awarded the Bronze Star Medal with "V" Device.

3.  The applicant provides:

* three photographs
* a newspaper article reporting his award of the Bronze Star Medal with "V" Device
* a congratulatory letter, dated 25 November 1968, from his Congressman
* a copy of the orders awarding him the Bronze Star Medal with "V" Device

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 military personnel records show he was inducted into the Army of the United States on 22 August 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, U.S. Army Training Center, Infantry, Fort Benning, GA Special Orders Number 236, dated 5 October 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  Headquarters, 3rd Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Gordon, GA Special Orders Number 209, dated 
15 December 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with M-14 Automatic Rifle Bar.

5.  The applicant served in the Republic of Vietnam from 2 March 1968 to 
24 February 1969.  He served with Company A, 4th Battalion, 31st Infantry, 196th Infantry Brigade from 15 March 1968 to 22 February 1969.

6.  Headquarters, Americal Division General Orders Number 6972, dated 
6 September 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 9 May 1968.  The citation gives a detailed description of his actions; however, the citation does not state he was wounded at any time.

7.  He was promoted to sergeant/pay grade E-5 on 7 December 1968.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating the applicant received any wounds.  

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart.

10.  On 31 May 1969, the applicant was released from active duty.  He had completed 1 year, 9 months, and 10 days of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded the Bronze Star Medal with "V" Device or the Purple Heart.  Item 24 contains the entry "MARKSMAN BADGE RIFLE M-14."

11.  There are no orders in the applicant's military service records awarding him the Purple Heart.

12.  The applicant's name does not appear on the Vietnam Casualty Roster.

13.  The applicant's service medical records are not available for review.

14.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is also no evidence the applicant' chain of command disqualified him from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

15.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968) 
* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968) 
* Vietnam Counteroffensive, Phase VI Campaign (2 November 1968 – 
22 February 1969)
* Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969)

16.  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 pamphlet states that all units assigned in Vietnam from 
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

17.  Army Regulation 672-5-1 (Military Awards), then in effect, stated the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

18.  Army Regulation 672-5-1, in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who had completed a qualified period of active duty enlisted service.  This period was each 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

19.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  A silver service star is worn instead of five bronze service stars.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Bronze Star Medal with "V" Device and he was wounded during the same battle for which he was awarded the Bronze Star Medal with "V" Device.

2.  Orders show the applicant was awarded the Bronze Star Medal with "V" Device.  Therefore, this award should be included on his DD Form 214.

3.  The citation for the applicant's award of the Bronze Star Medal with "V" Device does not state he was wounded.  His DA Form 20 does not contain an entry showing he was wounded and he is not listed on the Vietnam Casualty Roster.  His service medical records were not available for review.  Therefore, there is insufficient evidence to award the Purple Heart in this case.

4.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 22 August 1967 to 31 May 1969 ending with the termination of a period of Federal military service.

5.  Orders in the applicant's records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (shown on his 

DD Form 214 as Marksman Badge Rifle M-14).  Therefore, these two awards should be included in item 24 of his DD Form 214.

6.  The applicant's military personnel records show he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star to be worn on his Vietnam Service Medal.  

7.  Based on his service in the Republic of Vietnam the applicant is authorized 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.  issuing the applicant the Bronze Star Medal with "V" Device and the Army Good Conduct Medal for the period from 22 August 1967 to 31 May 1969; 

	b.  deleting the Marksman Badge Rifle M-14 from his 31 May 1969 DD Form 214; and

   c.  adding the following awards to his 31 May 1969 DD Form 214:

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar


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 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)                                         AR20100007852



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Procee