IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100021447 


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, the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and award of the Purple Heart (PH).

2.  The applicant states:

a. he was awarded the BSM in general orders dated 3 February 1972; and

b. he should have been awarded the PH for being blown off a bunker in April 1971.

3.  The applicant provides the following:

* BSM order
* Standard Form 513 (Clinical Record-Consultation Sheet)

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 military records show he was inducted into the Army of the United States and entered active duty on 7 July 1970.  He was trained in and awarded military occupational specialty 76Y (Supply Clerk).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 29 March 1971 to 26 January 1972.  It also includes an entry which shows he was assigned to Company E, 2nd Battalion, 8th Cavalry Regiment from 12 August 1971 to 26 January 1972 during his RVN tour.

4.  Item 40 (Wounds) of the DA Form 20 is blank and the BSM and PH are not included in the list of awards contained in item 41 (Awards and Decorations).  It does show the applicant qualified “marksman” with the M-16 rifle.

5.  On 30 January 1972, the applicant was honorably released from active duty, after completing 1 year, 6 months and 24 days of active military service and transferred to the United States Army Reserve.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the following awards during his tenure on active duty:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal (VSM) with two bronze service stars
* Army Good Conduct Medal
* Republic of Vietnam (RVN) Campaign Medal
* Combat Infantryman Badge

7.  The applicant provides a BSM certificate and Headquarters, 4th Infantry Division, General Orders Number 185, dated 3 February 1972 which show he earned this award for meritorious service in connection with military operations against an armed hostile force in the RVN from March 1971 to January 1972.

8.  The applicant provides a Standard Form 513 which shows he sustained a puncture wound in his sternum in April 1971.  It does not include the circumstances surrounding this wounding.

9.  There is no documentation available to show the applicant was ever awarded the PH in official orders.  There are also no medical treatment records available to show the applicant was treated for a combat-related wound while serving in the RVN.  

10.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The applicant's name is not included on this casualty listing.

11.  In the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) which is a web based index containing general orders issued between 1965 and 1973 for the Vietnam era.  The ADCARS file includes a copy of the BSM order the applicant provides, however it fails to contain any orders to show he was awarded the PH.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, the awards regulation stipulates that it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of the official record.

13.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be used in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase VII
* Consolidation I
* Consolidation II


14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN with his unit (Co E, 2nd Battalion, 8th Cavalry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH and BSM has been carefully considered and found to have partial merit.  The available evidence confirms the applicant was awarded the BSM by the appropriate award authority and this award was announced in official orders.  As a result, the BSM should be added to his DD Form 214 at this time.

2.  By regulation, in order to support award of the PH, it is necessary to establish that the wound, for which the award is being made, was received as a direct result of or was caused by enemy action, that it required medical treatment by medical personnel, and a record of this medical treatment must have been made a matter of the official record.

3.  The evidence of record contains no evidence to show that the applicant sustained a combat wound, was medically treated for that wound, or to show that he was recommended for or awarded the PH in official orders by proper authority.  Further, his name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties or ADCARS.  Therefore, the Standard Form 513 alone without any additional information to confirm that the circumstances surrounding this wounding was combat related or inflicted as a result of enemy action, it is insufficient to support granting this portion of the requested relief.

4.  Based on the applicant's service and campaign participation in the RVN, he is entitled to the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal with First Class Unit Citation, Marksmanship Qualification Badge with Rifle Bar,  and three bronze service stars to be affixed to his VSM instead of two.  As a result, it would be appropriate to add these awards to his DD Form 214 at this time.


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.  adding to Item 24 of his DD Form 214:  the Bronze Star Medal, Republic of of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation, and three bronze service stars with his Vietnam Service Medal instead of two; and 

	b.  issuing him a correction to his DD Form 214 to reflect these awards.

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 the Purple Heart.



      _______ _   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)                                         AR20100021447





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ABCMR Record of Proceedings (cont)                                         AR20100021447



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