IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100021574 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded two Purple Hearts (PH), the Silver Star (SS), and Air Medals (AM).

2.  The applicant states he received the awards but they are not listed on his 
DD Form 214.

3.  The applicant provides no documentation in support of his request.

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 10 September 1969.  He was honorably released from active duty on 9 June 1971 after completing 1 year and 9 months of active military service.  

3.  A DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms) he qualified as an expert with the M14 rifle and M60 machine gun and as a marksman with the M16 rifle
* item 31 (Foreign Service) he served in Vietnam from 4 October 1970 to 8 June 1971
* item 38 (Record of Assignments) he was assigned to the following units in Vietnam:

* Headquarters and Headquarters Company (HHC), 1st Battalion (Mechanized), 50th Infantry, I Field Force Vietnam, from 15 October to 28 November 1970
* HHC, 3d Battalion (Airmobile), 187th Infantry, from 29 November to 19 December 1970
* Company E, 3d Battalion (Airmobile), 187th Infantry, from 20 December 1970 to 4 June 1971

* Item 38 he received all "excellent" conduct and efficiency ratings
* item 40 he received a fragment wound to the left arm on 22 February 1971
* item 41 (Awards and Decorations) he was authorized the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Army Commendation Medal (ARCOM)
* AM (1st and 2nd Awards)
* Combat Infantryman Badge (CIB)
* Marksman (M16) and Expert (M14) Marksmanship Qualification Badges with Rifle Bar 
* Marksmanship Qualification Badge with Machinegun Bar (level of qualification unspecified)

4.  Item 41 of his DA Form 20 shows the authority for the AM (1st Award) was general orders issued by Headquarters, 101st Airborne Division.  It does not show the authority for the AM (2nd Award).  




5.  His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* NDSM
* VSM
* ARCOM
* AM
* CIB

6.  General Orders Number 22, issued by Headquarters, 18th Surgical Hospital (Mobile Army), on 27 February 1971, awarded him the PH for injuries he received on 22 February 1971.

7.  The record is void of documentation showing he was awarded the SS, a second PH, or additional AMs.

8.  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 orders for the SS, AM (2nd Award) or PH (2nd Award).

9.  A review of the Vietnam casualty roster shows he was wounded in action once, on 22 February 1971, during his service in Vietnam.

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.

11.  Army Regulation 600-8-22 states the SS is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

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.  General Orders Number 5943, issued by Headquarters, 101st Airborne Division awarded him the Bronze Star Medal (BSM) with "V" Device for heroism on 19 February 1971.

15.  His record is void of documentation showing he was the subject of disciplinary action during his active duty service.

16.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  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.

17.  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 one campaign:  the Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971).

18.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam (RVN) Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam:

	a.  The 1st Battalion (Mechanized), 50th Infantry was cited for award of the RVN Gallantry Cross with Silver Star Unit Citation for the period 1 September 1969 to 15 December 1970, by Department of the Army General Orders (DAGO) Number 52, dated 1971.
	b.  The 3d Battalion (Airmobile), 187th Infantry was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the periods 1 March to 9 October 1971 and 18 April to 31 August 1971, by DAGO 6, dated 1974.

20.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

21.  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 for item 24 to enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  The evidence does not support the applicant's request for correction of his DD Form 214 to add the SS and additional AMs. 

2.  The evidence partially supports his request for correction of his DD Form 214 to show two awards of the PH.  

3.  The evidence of record does not show he was recommended for award of the SS 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 SS.

4.  The AM is listed on his DD Form 214.  Although his DA Form 20 indicates he was authorized the AM (2nd Award), the authority for this award was not entered, nor did a search of available historical records locate an authorizing document.  In the absence of such documentation, he is not entitled to correction of his DD Form 214 to show he received additional awards of the AM.

5.  General orders awarded him the PH.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The evidence of record shows he was wounded in action once during his service in Vietnam and received one award of the PH.  In the absence of documentation showing he was wounded in action twice, he is not entitled to correction of his DD Form 214 to show he received two awards of the PH.

7.  General orders awarded him the BSM with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show he received this award.

8.  He served honorably during the period 10 September 1969 through 9 June 1971 and received all "excellent" conduct and efficiency ratings.  He was not the subject of any disciplinary actions during his military service.  It would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal military service.

9.  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.

10.  He completed a qualifying period of service in Vietnam for award of the Republic of Vietnam (RVN) Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

11.  General orders confirm his units received the RVN Gallantry Cross with Silver Star Unit Citation and RVN Gallantry Cross with Palm Unit Citation for periods when he was assigned to the units.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.  (Although his unit was awarded two RVN Gallantry Cross with Palm Unit Citations, the period for one of the awards completely overlapped the period for the other.)

12.  He qualified as an expert with the M14 rifle and M60 machinegun and as a marksman with the M16 Rifle.  Therefore he is entitled to correction of his 
DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun Bars and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

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.  awarding him the AGCM (1st Award) for the period 10 September 1969 through 9 June 1971;

	b.  deleting the VSM from item 24 of his DD Form 214; and 

	c.  adding the following awards to item 24 of his DD Form 214:

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry Cross with Silver Star Unit Citation 
* Expert Marksmanship Qualification Badge with Rifle (M14) and Machinegun Bars 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M16)

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 a second award of the PH, the SS, and additional awards of the AM.  




      _______ _   _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)                                         AR20100021574





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ABCMR Record of Proceedings (cont)                                         AR20100021574



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