IN THE CASE OF:	  

		BOARD DATE:	 14 December 2010 

		DOCKET NUMBER:  AR20100014850 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded the:

* Bronze Star Medal with "V" device
* Purple Heart with Oak Leaf Cluster
* Air Medal
* Certificate of Merit
* Certificate of Training

2.  The applicant states there should be two Purple Hearts as he was shot two different times.  

3.  The applicant provides copies of:

* orders and certificate for the award of the Purple Heart 
* orders and certificate for the award of the Air Medal
* orders and certificate for the award of the Bronze Star Medal with "V" device
* a Certificate of Merit
* a Certificate of Training


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 25 August 1966.  He completed basic combat training and advanced individual training (AIT) and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  A Standard Form 600 (Chronological Record of Medical Care) shows that on 
17 November 1966, while in AIT, the applicant was treated for pain in his left foot.  Personal history provided by the applicant indicated he had previously suffered a gunshot and chainsaw injury to his left foot.

4.  The applicant served in the Republic of Vietnam from 3 February 1967 to 
2 February 1968.  He was assigned to the 2nd Battalion, 7th Cavalry from 
9 February 1967 to 29 January 1968.  He was promoted to sergeant/pay grade E-5 on 5 December 1967.

5.  A DA Form 8-276-3 (Clinical Record Cover Sheet) shows the applicant was admitted to the 36th Evacuation Hospital on 23 November 1967 for wounds received when he was hit by hostile mortar fragments while on patrol on 
22 November 1967.

6.  Headquarters, 36th Evacuation Hospital General Orders Number 130, dated 
24 November 1967, awarded the applicant the Purple Heart for wounds received in action on 23 November 1967.  A Certificate for the Award of the Purple Heart, dated 22 November 1967, shows he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 22 November 1967.


7.  The 1st Cavalry Division (Airmobile) issued:

	a.  General Orders Number 7180, dated 1 December 1967, awarding the applicant the Air Medal for meritorious achievement from February to November 1967.

	b.  General Orders Number 1579, dated 18 March 1968, awarding him the Bronze Star Medal with "V" device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 22 November 1967.  The orders stated he "sustained a serious wound, but continued to assist his injured comrade."

8.  On 8 August 1968, the applicant was released from active duty.  He had completed 1 year, 11 months, and 14 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
* Purple Heart with Oak Leaf Cluster
* Air Medal

Item 24 does show he is authorized the Vietnam Service Medal.

9.  The applicant is listed on the Vietnam Casualty Listing.  His status is shown as hostile wounded in action, not serious, hospitalized.  The date of casualty is shown as 22 November 1967.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command 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.

11.  The certificate for the award of the Purple Heart indicates the applicant received wounds in action in the Republic of Vietnam on 22 November 1967.

12.  The applicant submitted a Certificate of Merit that shows he achieved the rating of superior on a physical combat proficiency test.

13.  The applicant submitted a Certificate Training that shows he successfully completed the Combat Leaders Course at Camp Radcliff, the Republic of Vietnam on 24 October 1967.

14.  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:

* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 2nd Battalion, 
7th Cavalry the unit received the Presidential Unit Citation (Army) for the period 25 August 1966 to 4 April 1967.

16.  Department of the Army Pamphlet 672-3 also shows 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 (Awards), in effect at the time, stated 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.  There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

18.  Army Regulation 635-5 (Separation Documents), in effect at the time, provides in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized from DA Form 66 (Officer Qualification Record) or DA Form 20 (Enlisted Qualification Record) be entered in Item 24 of the DD Form 214.

19.  Army Regulation 635-5 (Separation Documents), dated 23 January 1967, was in effect at the time of the applicant’s separation.  The regulation provided for entry of the following in Item 25 of the DD Form 214: service schools, military sponsored courses in civilian schools and colleges, installation training courses, military correspondence courses and off-duty courses successfully completed.

20.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  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 his DD Form 214 should be corrected to show he was awarded the:

* Bronze Star Medal with "V" device
* Purple Heart with Oak Leaf Cluster
* Air Medal
* Certificate of Merit
* Certificate of Training

He contends he was shot two different times.

2.  The applicant's orders for the award of the Purple Heart indicate the date of action as 23 November 1967.

3.  The orders for the Bronze Star Medal with "V" device read the applicant was wounded on  22 November 1967 during the action cited.  The Vietnam Casualty Listing reports the applicant as being wounded on 22 November 1967.  The 
DA Form 8-275-3 indicates he was admitted to the 36th Evacuation Hospital on 23 November 1967 for wounds received on 22 November 1967.  Therefore, the preponderance of evidence shows he was wounded on 22 November 1967 not on 23 November 1967.  Therefore, there is insufficient evidence to add an additional award of the Purple Heart to his DD Form 214.  

4.  The only other record for treatment for a gunshot wound was while the applicant was in advanced individual training.  Therefore, there is insufficient evidence to show he was shot twice in the Republic of Vietnam.

5.  Orders in the applicant's Military Personnel Records Jacket (MPRJ) show he was awarded the Bronze Star Medal with "V" device and the Air Medal.  Therefore, it is appropriate to add these awards to his DD Form 214.

6.  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 25 August 1966 to 8 August 1968 ending with termination of a period of Federal military service.

7.  Based on his service with the 2nd Battalion, 7th Cavalry, the applicant is authorized the Presidential Unit Citation (Army) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  The applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.  

9.  The applicant's Certificate of Merit does not fit into the categories of decorations, service medals, campaign credits, or badges.  Therefore, this certificate is not entered on the DD Form 214.

10.  The applicant's completion of the Combat Leaders Course at Camp Radcliff, the Republic of Vietnam should be entered in item 25 of 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 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 awarding him the Army Good Conduct Medal for the period of service from 
26 August 1966 to 8 August 1968.
2.  The Board also recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with an effective date of 8 August 1968 by:

	a.  amending item 24 of his DD Form 214 to show he was awarded or is authorized the:

* Bronze Star Medal with "V" device
* Purple Heart
* Air Medal 
* Army Good Conduct Medal
* Presidential Unit Citation (Army)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  entering in item 25 - Combat Leaders Course 

3.  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 award of a second Purple Heart and his Certificate of Merit.  




      _______ _   _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)                                         AR20100014850





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ABCMR Record of Proceedings (cont)                                         AR20100014850



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