IN THE CASE OF:	  

		BOARD DATE:	    4 January 2011

		DOCKET NUMBER:  AR20100017455 


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, two awards of the Purple Heart (correctly known as Purple Heart (First Oak Leaf Cluster)), and Army Commendation Medal be added to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  He states his current DD Form 214 does not reflect his complete record of service.  

3.  He provides the following documents in support of his application:

* DD Form 214
* Award certificates for the Purple Heart (First Oak Leaf Cluster), Purple Heart, Bronze Star Medal, and Army Commendation Medal
* General orders for the Purple Heart (First Oak Leaf Cluster), Purple Heart, and Bronze Star Medal 

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 complete military records are not available to the Board.  However, he provided sufficient documents for the Board to conduct a fair and impartial review of this case.  

3.  On an unknown date, he was appointed as a Reserve commissioned officer and he was ordered to active duty on 19 May 1969.  

4.  He served in Vietnam from 16 January 1970 to 10 June 1970.

5.  Headquarters, 27th Surgical Hospital, published the following orders:

   a.  General Order Number 50, dated 21 April 1970, awarding him the Purple Heart for wounds received in action on 20 April 1970.

	b.  General Order Number 67, dated 25 May 1970, awarding him the Purple Heart (First Oak Leaf Cluster) for wounds received in action on 20 May 1970.

6.  General Orders Number 10771 issued by Headquarters, Americal Division on 15 August 1970, awarded him the Bronze Star Medal for meritorious service from January 1970 to May 1970.

7.  He provided a certificate, dated 23 August 1970, for award of the Army Commendation Medal for meritorious achievement from 2 March 1970 to 30 April 1970 in the Republic of Vietnam.

8.  The available evidence does not include orders for award of the Army Commendation Medal.

9.  He was medically retired on 16 March 1971.  Item 24 of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)


10.  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, failed to reveal orders for the Army Commendation Medal pertaining to the applicant.

11.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in the Vietnam Winter - Spring 1970 and Sanctuary Counteroffensive campaigns.  

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal and two awards of the Purple Heart.  Therefore, they should be added to his DD Form 214.  

2.  Although he provided an award certificate for the Army Commendation Medal, absent orders authorizing him award of the Army Commendation Medal, this document alone is not sufficient to support correction of his records to show this award.  

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  He was assigned to a unit which served in Vietnam.  Therefore, his DD Form 214 should be amended to show this unit award.
4.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his previously 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 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.  amending item 24 of his DD Form 214 by adding the Bronze Star Medal, Purple Heart (First Oak Leaf Cluster), and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

   b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214 and replacing it with the Vietnam Service Medal with two bronze service stars.  

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 award of the Army Commendation 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)                                         AR20100017455





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ABCMR Record of Proceedings (cont)                                         AR20100017455



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