BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100014075 


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 for valor, the Combat Infantryman Badge, and the Purple Heart.

2.  The applicant states:

	a.  He attended a special forces reunion in 2006.  His old special forces team leader was there and told him he had recommended the applicant for the Bronze Star Medal for valor and that the award had been approved.  The applicant states he never received it.

	b.  He believes he should have received the Combat Infantryman Badge based on his participation in the action for which he was recommended for the Bronze Star Medal for valor.

	c.  He is "self-recommending" for the Purple Heart for "unreported injuries" and because he contracted malaria.

3.  The applicant provides:

* a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Medical Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

* a copy of a 24 April 2007 letter from his former special forces team leader to a Member of Congress

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 served in the Regular Army from 8 July 1968 to 2 May 1971 as a special forces medic, military occupational specialty (MOS) 91B4S.  He served in Vietnam from 7 August 1970 to 1 May 1971.

3.  In late October 1970, the applicant was serving as an advisor to an American-Vietnamese mobile strike force operating in the Thong Duc District, Quang Nam Province.  On or about 20 October 1970, he was inserted into an area of operations in relief of a besieged friendly force.  The operation was concluded on or about 1 November 1970.

4.  On 22 January 1971, the applicant's special forces detachment commander submitted a U.S. Army Vietnam (USARV) Form 157-R (Recommendation for Decoration for Valor or Merit) recommending the applicant for the Silver Star for his actions during the period 20 October 1970-1 November 1970.  The request was forwarded through command channels to the Commander, 5th Special Forces Group, who recommended the award be downgraded to a Bronze Star Medal for valor.  The recommendation packet with endorsements was forwarded to the Commanding General, USARV, for approval.

5.  The applicant's records contain no further information concerning the award recommendation; however, during the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review revealed General Orders Number 1688, Headquarters, USARV, dated 17 May 1971, which awarded the applicant the Army Commendation Medal for valor for his actions 20 October 1970-1 November 1970.

6.  On 1 May 1971, the applicant was returned to the United States for separation processing.  His DA Form 20 (Enlisted Qualification Record) closed out at the Separation and Transfer Point, Fort Lewis, WA, shows he was awarded:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Combat Medical Badge
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Overseas Service Bar
* Republic of Vietnam Campaign Medal with Device (1960)

7.  This document also shows the applicant received uniformly "excellent" conduct and efficiency ratings in item 38 (Record of Assignments) and does not document any wounds in item 40 (Wounds).

8.  The applicant's name does not appear on the Vietnam casualty list, neither ADCARS nor his records contain orders awarding him the Purple Heart, and his separation physical examination makes no mention of any wounds.

9.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

	b.  During the Vietnam Conflict, the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

	c.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, appendix V of USARV Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

	d.  During the Vietnam Conflict, there were special provisions permitting award of the Combat Medical Badge to Soldiers assigned to a Vietnamese unit engaged in actual ground combat or as a member of a U.S. Army infantry unit of brigade or smaller size including special forces detachments serving with Republic of Vietnam units engaged in actual ground combat.  The special provisions required that the Soldier to be personally present and under hostile fire while assigned as specified.

	e.  Soldiers serving in Vietnam are authorized to wear a bronze service star for each campaign in which they participated.  During his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase VII Campaign (1 July 1970-30 June 1971).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 18 May 1969 to 16 November 1970 by Department of the Army General Orders Number 42, dated 1972.

10.  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 the 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.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army to the following agency:  U.S. Army Human Resources Command, 
ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  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 requests the Bronze Star Medal for valor and the Combat Infantryman Badge.

2.  Concerning the Combat Infantryman Badge, the applicant was never an infantryman; he was a special forces medic.  He was awarded the prestigious Combat Medical Badge for his combat service in Vietnam.  He is not entitled to the Combat Infantryman Badge.

3.  Concerning the Purple Heart, the applicant has stated he is "self-recommending" for this award based on "unreported injuries and malaria."  By regulation, all wounds must be documented and recorded.  There is no evidence documenting and recording any wounds for the applicant.  Further, there are no orders awarding him the Purple Heart.  Unfortunately, the Purple Heart cannot be approved.

4.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal for valor, this in no way affects the applicant's right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.  This request would be for the purpose of upgrading his Army Commendation Medal with "V" Device to a Bronze Star Medal with "V" Device.

5.  The applicant is authorized other awards which do not appear on his DD Form 214.  They are:

* Army Commendation Medal with "V" Device for valor
* Army Good Conduct Medal for the period 8 July 1968 to 2 May 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one bronze service star for wear on his already-awarded 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 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 awarding him:

   a.  Army Good Conduct Medal (1st Award) for the period 8 July 1968 to 2 May 1971 and

	b.  adding to his DD Form 214 the Army Commendation Medal with "V" Device for valor, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation one bronze service star for wear on his already-awarded Vietnam Service Medal.

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 the Bronze Star Medal with "V" Device, the Purple Heart, and the Combat Infantryman Badge.



      ___________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)                                         AR20100014075



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ABCMR Record of Proceedings (cont)                                         AR20100014075



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