BOARD DATE: 26 August 2010
DOCKET NUMBER: AR20100008175
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 Purple Heart, the Bronze Star Medal, and the Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states, in effect, he would like all of his medals added to his DD Form 214.
3. The applicant provides the following documents in support of his application:
* orders for award of the Purple Heart, dated 17 November 1969
* orders for award of the Army Commendation Medal, dated 25 September 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 was inducted into the Army of the United States on 29 January 1968. His highest rank/grade attained was sergeant (SGT)/E-5.
3. The applicant was assigned to the Republic of Vietnam (RVN) from 22 July 1968 to 1 September 1969 with Troop B, 2nd Squadron, 1st Cavalry, 4th Infantry Division.
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Purple Heart, Bronze Star Medal, or Army Commendation Medal.
5. The applicant departed Vietnam on 1 September 1969. He received credit for participation in the following campaigns:
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
6. He was honorably released from active duty on 1 September 1969 in the rank of SGT. He completed 1 year, 7 months, and 3 days of active military service with no time lost.
7. His DA Form 20 shows his conduct and efficiency ratings as "excellent." He received a rating of "unknown" during one portion of his service while he was a student at Fort Knox, KY. His service record does not contain any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.
8. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Expert Marksmanship Qualification Badge with two Rifle Bars (M-14 and M-16) and Machine Gun Bar (M-60)
* two overseas service bars
9. Headquarters, I Field Force Vietnam, General Orders Number 674, dated 25 September 1969, show the applicant was awarded the Army Commendation Medal for meritorious service in the RVN from September 1968 to September 1969.
10. Headquarters, I Field Force Vietnam, General Orders Number 888, dated 17 November 1969, show the applicant was awarded the Purple Heart for wounds received on 7 July 1969 in the RVN.
11. The applicant's service record does not contain orders for award of the Bronze Star Medal.
12. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any orders for the Bronze Star Medal pertaining to the applicant.
13. Headquarters, Department of the Army, General Orders Number 8, dated 1974, awarded all units that served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
14. U.S. Army Vietnam Regulation 672-1 (Decorations and 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 meritorious 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.
15. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial.
16. 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 and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Purple Heart and the Army Commendation Medal. Therefore, these awards should be added to his DD Form 214.
2. The applicant's service record does not include evidence which shows he was recommended for or awarded the Bronze Star Medal and he provides no such evidence. Therefore, there is no basis for adding the Bronze Star Medal to his DD Form 214.
3. The evidence of record does not show the applicant was disqualified from receiving the first award of the Army Good Conduct Medal for the period 29 January 1968 through 1 September 1969. The applicant did not receive any disciplinary actions and was promoted to SGT during this period of service. His service record shows he received "excellent" conduct and efficiency ratings and one rating of "unknown," which is not a disqualifying factor. Therefore, it appears the applicant met the requirements for the first award of the Army Good Conduct Medal for the period 29 January 1968 through 1 September 1969 and correction of his records to show this award.
4. The applicant's DD Form 214 currently reflects the Vietnam Service Medal. However, he received credit for participation in four campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his Vietnam Service Medal.
5. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This award should be added to his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 from item 24 of his DD Form 214 the Vietnam Service Medal;
b. awarding him the Army Good Conduct Medal (1st Award) for the period 29 January 1968 through 1 September 1969; and
c. adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The Board further determined 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.
___________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) AR20100008175
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont)
ARMY | BCMR | CY2009 | 20090018326
BOARD DATE: 4 May 2010 DOCKET NUMBER: AR20090018326 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal, Purple Heart (2) (in effect Purple Heart with Oak Leaf Cluster), Army Commendation Medal, and the Republic of Vietnam (RVN) Gallantry Cross with Bronze Star. _______ _ __x_____ ___ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2010 | 20100013708
The applicant provides a DD Form 214 and a DA Form 20 (Enlisted Qualification Record) in support of this application. Therefore, there is sufficient evidence on which to base awarding him the Purple Heart and adding this award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds sustained as a result of hostile action on 8 June 1968; b. awarding him the first...
ARMY | BCMR | CY2012 | 20120005438
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect all awards and decorations earned, including the: * Bronze Star Medal with 2nd Oak Leaf Cluster with "V" Device * Army Commendation Medal with 1st Oak Leaf Cluster with "V" Device * Purple Heart with 1st Oak Leaf Cluster * Combat Infantryman Badge 2. He should be awarded the Army Good Conduct Medal (1st Award) for the period 14 March 1968 to 22 February 1970...
ARMY | BCMR | CY2012 | 20120020518
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his assignment to the RVN his unit was awarded: a. the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 3, dated 1970, for the period 1 September 1968 through 28 July 1969; and a second award based on DAGO Number 53, dated 1970, for the period 29 July 1969 through 17 November 1970; and b. the RVN Civil Actions Honor Medal First...
ARMY | BCMR | CY2005 | 20050004397C070206
It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN. The evidence of record includes a DA Form 20 entry showing he was wounded in action on 14 May 1968, while serving in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds sustained in action on 14...
ARMY | BCMR | CY2011 | 20110003192
The applicant requests correction of his records to show award of the Purple Heart and Army Commendation Medal. The applicant states he was wounded in action in the Republic of Vietnam (RVN) in 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Purple Heart for wounds received in the RVN on 17 August 1968 * deleting the Vietnam Service Medal from his DD Form 214 * adding to his DD Form 214 the Army...
ARMY | BCMR | CY2010 | 20100024384
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart with Oak Leaf Cluster, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation (2nd Award), RVN Civil Actions Honor First Class Unit Citation, Meritorious Unit Commendation, and RVN Gallantry Cross with Silver Star. The applicant provides his DD Form 214, effective 5 June 1970; DD Form 215 (Correction to DD Form 214), dated 2...
ARMY | BCMR | CY2013 | 20130002793
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart. His unit in Vietnam was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment which is not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form...
ARMY | BCMR | CY2012 | 20120005701
The DD Form 214 he was issued at the time shows award of the: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (21960) * Army Commendation Medal * Parachutist Badge * Combat Infantryman Badge * Purple Heart 7. 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,...
ARMY | BCMR | CY2010 | 20100028367
The applicant states the awards were not properly recorded on his DD Form 214. Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 18 March 1968 through 21 October 1969 and to add this award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge; b. awarding him the...