IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100022009 


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 all the medals and awards which he received.  He also requests, in effect, award of the Purple Heart (PH) for wounds he received in Vietnam.

2.  The applicant states he was awarded the Bronze Star Medal (BSM), Air Medal (AM), and the Combat Infantryman Badge (CIB); however, they were not annotated on his DD Form 214.  He states he was wounded in Vietnam on his 40th day in country and he suffered shrapnel injuries to both legs while on patrol.  He further states he was treated 3 or 4 days later and his injuries qualified him for award of the PH; however, his chain of command failed to award it to him.

3.  The applicant provides copies of his BSM citation and certificate.

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 at Fort Jackson, SC on 13 March 1968.  He completed his basic and advanced individual training as an infantryman at Fort Jackson before being transferred to Fort Benning, GA to attend the Noncommissioned Officer (NCO) Candidate School.

3.  He completed the NCO Candidate School and he was promoted to the rank/grade of sergeant (SGT)/E-5 on 4 November 1968.  He was transferred to Fort Jackson on 5 November 1968 for duty as a squad leader in a training company.

4.  On 24 January 1969, he departed the continental United States en route to Vietnam, arriving on 11 February 1969.  He was subsequently assigned to Company A, 2d Battalion, 502d Infantry Regiment, 101st Airborne Division in Vietnam for duty as a team leader.

5.  He departed Vietnam on 7 February 1970 en route to Fort Lewis, WA where he was honorably released from active duty (REFRAD) on 11 February 1970 as an overseas returnee.  He had served 1 year, 10 months, and 29 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Army Commendation Medal (ARCOM)
* Vietnam Service Medal (VSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two Overseas Service Bars

6.  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, revealed a copy of General Orders Number 869, issued by Headquarters, 101st Airborne Division, dated on 2 February 1970 that awarded the applicant the BSM for meritorious service in Vietnam from 1 March to 31 December 1969.  There were no orders awarding the applicant the PH or the AM.

7.  A review of his records and the Vietnam casualty listing failed to show any evidence of the applicant being wounded as a result of enemy action or being treated for such wounds.  However, his records do show that he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for the first award of the Army Good Conduct Medal (AGCM).  His DA Form 137 (Installation Clearance Record) also shows that when he departed Vietnam he received "excellent" conduct and efficiency ratings and that he had been recommended for award of the ARCOM and BSM for meritorious service.

8.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

9.  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.

10.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the 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.  There must have been no convictions by a court-martial.


12.  Army Regulation 600-8-22 states the Republic of Vietnam 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.  

13.  Army Regulation 600-8-22, paragraph 2-13, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment, his unit was cited for award of the:

* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 19 July 1968 - 14 May 1969 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
18 March 1968 - 2 May 1970 by DAGO 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the BSM has been noted and found to have merit.  Orders are present in the available records to substantiate his claim.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The applicant’s contention that he should be awarded the PH has been noted; however, the records do not contain and the applicant did not provide sufficient evidence to support his contention.  Therefore, in the absence of evidence to show he was wounded as a result of enemy action and that the treatment for his 


wounds were made a matter of official record, there appears to be no basis to award him the Purple Heart at this time.

3.  He also contends he was awarded the AM and the CIB.  Absent orders to show he was awarded the AM or the CIB or sufficient evidence to show his entitlement to these awards, there appears to be no basis to add these awards to his records at this time.

4.  However, a review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the AGCM (1st Award) for the period 13 March 1968 to 11 February 1970 and to correct his DD Form 214 to show this award.

5.  The applicant also served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

6.  Additionally, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation were awarded to his unit during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show those unit awards.

7.  The applicant also participated in four campaigns in Vietnam; therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
13 March 1968 to 11 February 1970; and

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

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 awarding him the Purple Heart and adding the Purple Heart, Air Medal, and the Combat Infantryman Badge to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20100022009



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ABCMR Record of Proceedings (cont)                                         AR20100022009



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