BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100016737 


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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart, two awards of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster), Air Medal, and two awards of the Bronze Star Medal (correctly known as the Bronze Star medal with First Oak Leaf Cluster).  He also requests any awards and decorations to which he may be entitled. 

2.  The applicant states:

* He was never issued the Purple Heart for wounds received on 6 June 1970
* His citation for the Bronze Star Medal with "V" Device states he was wounded
* There was so much going on in that battle that the appropriate people never submitted the paperwork or it got lost
* He earned these medals and he wants to set the record straight
* He should have been issued more medals because the only medals in his possession are two Bronze Star Medals, one Air Medal, and one Army Commendation Medal   

3.  The applicant provides:

* Orders and an award certificate for the Bronze Star Medal with "V" Device
* Orders, award certificate, and citation for the Bronze Star Medal with First Oak Leaf Cluster 
* Orders, award certificate, and citation for the Army Commendation Medal with Second Oak Leaf Cluster
* Award certificate and citation for the Army Commendation Medal
* Orders, award certificate, and citation for the Air Medal
* 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 1 May 1968.  He arrived in Vietnam on 25 March 1969.  He served as a light weapons infantryman assigned to Company B, 3rd Battalion, 22nd Infantry of the 25th Infantry Division in Vietnam from 4 April 1969 to 9 February 1970.  He was assigned to Headquarters and Headquarters Company (HHC), 1st Brigade of the 25th Infantry Division in Vietnam from 10 February 1970 to 21 March 1970.  On 21 March 1970, the applicant was released from active duty in the rank of sergeant after completing 1 year, 10 months, and 20 days of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Combat Infantryman Badge, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the entries "BRONZE STAR MEDALS," and "2 ARMY COMMENDATION MEDAL" as authorized awards.  

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  
6.  Headquarters, 25th Infantry Division General Orders Number 8427, dated 28 June 1969, show the applicant received the Bronze Star Medal with "V' Device for heroism on 6-7 June 1969 in Vietnam.  The citation for this award states, in pertinent part, "As he directed fire on the hostiles, Sergeant [the applicant's last name] was wounded by shrapnel from an impacting projectile."  

7.  Headquarters, 25th Infantry Division General Orders Number 12315, dated 
29 September 1969, shows the applicant received the Bronze Star Medal with First Oak Leaf Cluster.

8.  Headquarters, 25th Infantry Division General Orders Number 12991, dated 
21 October 1969, shows the applicant received the Air Medal.

9.  Headquarters, 25th Infantry Division General Orders Number 1695, dated 
13 February 1970, shows the applicant received the Army Commendation Medal with Second Oak Leaf Cluster.
  
10.  Records show the applicant participated in three campaigns during his assignment in Vietnam. 

11.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

12.  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 applicant's unit, 3rd Battalion, 22nd Infantry, at the time of his assignment was cited for:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 51, dated 1971

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for 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 medical personnel, and the medical treatment must have been made a matter of official record.


14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

15.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's citation for the Bronze Star Medal with "V" Device for heroism on 6-7 June 1969 in Vietnam which states he was wounded by shrapnel from an impacting projectile is accepted as sufficient evidence on which to base award of the Purple Heart.

2.  The applicant's DD Form 214 shows the entry "2 ARMY COMMENDATION MEDAL" in item 24.  However, orders show he received the Army Commendation Medal with Second Oak Leaf Cluster.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  Orders show the applicant received the Air Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

4.  The applicant's DD Form 214 shows the entry "BRONZE STAR MEDALS" in item 24.  However, orders show he received the Bronze Star Medal with First Oak Leaf Cluster and one award was for valor.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device with First Oak Leaf Cluster. 

5.  The applicant was released from active duty in the rank of sergeant with almost 23 months of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings through his service with no disciplinary action or a commander's disqualification.  It appears the 


applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 2 May 1968 through 21 March 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

6.  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.  Therefore, his DD Form 214 should be corrected to show the authorized service stars.

7.  The applicant's unit (3rd Battalion, 22nd Infantry) in Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.

8.  The Army Board for Correction of Military Records does not issue medals.  The applicant may receive the awards shown on his DD Form 214 or DD Form 215 (Correction to DD Form 214) by submitting a request via a letter or the Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address: National Personnel Records Center, ATTN:  Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  Requests must include a copy of the DD Forms 214/215 and any other supporting documentation to substantiate the request.  The SF 180 can be found at http://www.archives.gov.

BOARD VOTE:

___x___  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  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 received on 6-7 June 1969 in Vietnam;

	b.  awarding him the first award of the Good Conduct Medal for the period 
2 May 1968 through 21 March 1970; 

	c. deleting the entries "BRONZE STAR MEDALS" and "2 ARMY COMMENDATION MEDAL" in item 24 of his DD Form 214; and  

	d.  adding the Purple Heart, Good Conduct Medal, Army Commendation Medal with Second Oak Leaf Cluster, Bronze Star Medal with "V" Device with First Oak Leaf Cluster, Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal in item 24 of his DD Form 214.     




      _______ _   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)                                         AR20100016737





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ABCMR Record of Proceedings (cont)                                         AR20100016737



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