IN THE CASE OF:	

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100017901 


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 correction of his record to show he was awarded the Purple Heart (PH) (2nd Award), the Bronze Star Medal (BSM), Republic of Vietnam (RVN) Campaign Medal, and RVN Gallantry Cross with Palm Unit Citation.

2.  He states he was allowed to return home in June 1971 and returned to his unit in July 1971.  His unit stood down and left Vietnam in August 1971.  He believes the paperwork for the awards "fell through the cracks."

3.  He provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 26 June 1970.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He was assigned for duty in the RVN with Headquarters and Headquarters Company, 1st Battalion (Mechanized), 61st Infantry, 1st Infantry Brigade, 5th Infantry Division (Mechanized), from 22 December 1970 to 25 June 1971.  On 26 June 1971, he was assigned to the Medical Holding Company, U.S. Navy Hospital, Millington, TN.

4.  General Orders Number 611, issued by Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized), dated 6 May 1971, announced award of the PH for wounds the applicant received on 28 April 1971.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* PH
* RVN Campaign Medal [shown as VCM]

6.  The record is void of documentation showing he received the BSM or a second award of the PH.

7.  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 BSM or a second award of the PH.

8.  A telegram to Mrs. L____ M____, dated 25 June 1971, shows he was wounded in action in the RVN on 18 June 1971.

9.  Review of the Vietnam casualty roster confirms he was wounded in action on 18 June 1971.

10.  Army Regulation 600-8-22 (Military Awards) states the PH 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.  An oak leaf cluster is awarded to denote the second and succeeding awards of the PH.

11.  Army Regulation 600-8-22 states the BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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 1st Battalion, 61st Infantry, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 8 February 1971 to 30 April 1971 as confirmed by Department of the Army General Orders Number 42, dated 1972.

13.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The applicant's service in Vietnam coincides with the Vietnamese Counteroffensive Phase VII Campaign from 1 July 1970-30 June 1971.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that for item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports correcting his record to show he was awarded the PH (2nd Award) and the RVN Gallantry Cross with Palm Unit Citation.

2.  The evidence of record does not support correcting his record to show he was awarded the BSM.

3.  The evidence of record does not show he was recommended for award of the BSM or that an appropriate authority approved a recommendation or announced the award in orders.  Accordingly, he is not entitled to correction of his record to show award of the BSM.

4.  His DD Form 214 includes an entry for the RVN Campaign Medal.  The record does not require correction to show this award.

5.  The applicant incurred wounds in action against the enemy on two occasions during his service in Vietnam.  Therefore, he is entitled to a second award of the PH and correction of his DD Form 214 to show this award.

6.  The applicant was awarded the VSM.  His records show he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear on the previously-awarded VSM.

7.  General orders confirm the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  This award is not shown in his record.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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.  awarding him the PH (1st Oak Leaf Cluster), for wounds received on       18 June 1971

	b.  deleting "VSM" and "PH" from item 24 of his DD Form 214, and

	c.  adding the following awards to item 24 of his DD Form 214:
* PH (1st Oak Leaf Cluster)
* VSM with one bronze service star
* RVN 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 the BSM.



      ____________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)                                         AR20100017901



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ABCMR Record of Proceedings (cont)                                         AR20100017901



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