IN THE CASE OF:	  

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100024555 


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 following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* the Bronze Star Medal
* the Purple Heart
* three Army Commendation Medals

2.  The applicant states without a complete listing of his awards he cannot get special plates.

3.  The applicant provides:

* his DD Form 214
* three certificates awarding him the Army Commendation Medal
* a certificate awarding him the Bronze Star Medal
* a certificate awarding him the Purple Heart
* his Certificate of Retirement
* two Certificates of Achievement
* page 1 of his Medical Board (MEBD) Proceedings

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.  He was inducted into the Army of the United States on 17 July 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  He served in the Republic of Vietnam from 10 January to 5 July 1970.  

4.  Headquarters, 25th Infantry Division issued:

* General Orders Number 6153, dated 1 June 1970, awarding the applicant the Army Commendation Medal for meritorious service from 5 May to 
12 May 1970
* General Orders Number 6928, dated 20 June 1970, awarding the applicant the Army Commendation Medal with "V" Device (First Oak Leaf Cluster) for heroism against a hostile force on 18 June 1970
* General Orders Number 7191, dated 22 June 1970, awarding him the Bronze Star Medal for meritorious service from January to June 1970

5.  On 29 October 1970, an MEBD referred him to a Physical Evaluation Board (PEB) for the absence of his right eye, laceration of his right eye lid, and limitation of motion of his right temporomandibular joint following injury as a result of hostile action in the Republic of Vietnam on 18 June 1970.  The DA Form 8-118 Medical Board Proceedings indicated he was admitted to the 12th Evacuation Hospital on 18 June 1970. 

6.  On 5 November 1970, an informal PEB found him physically unfit and recommended he be permanently retired with a combined disability rating of 
60 percent.

7.  On 11 December 1970, he was permanently retired by reason of physical disability.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge (M-16 Rifle)
* Expert Marksmanship Qualification Badge (M-14 Rifle and .45 Caliber Pistol

8.  A  DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 22 September 1999, amended item 24 to add the:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with three Bronze Service Stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

9.  There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Army Commendation Medal with "V" device for action on  
19 June 1970.

10.  He submitted two certificates for the award of the Army Commendation Medal with "V" device.  One for action on 18 June 1970 and one for action on 
19 June 1970.

11.  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 United States Army Human Resources Command failed to reveal any orders awarding him the Army Commendation Medal with "V" device for action on 19 June 1970.

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.


DISCUSSION AND CONCLUSIONS:

1.  The award of the Purple Heart has already been added to his DD Form 214 by means of the DD Form 215 dated 22 September 1999.  He should attach the DD Form 215 to his original DD Form 214.

2.  Orders show he was awarded the Bronze Star Medal for meritorious service.  Therefore, this award should be added to his DD Form 214.

3.  Orders show he was awarded two Army Commendation Medals, one for meritorious service and one for heroism on 18 June 1970.  Therefore, his 
DD Form 214 should reflect the Army Commendation Medal (two awards, one with "V" device).

4.  There is no evidence of the award of the Army Commendation with "V" device for action on 19 June 1970 other than the certificate submitted by the applicant.  Army regulations states that award certificates alone will not be used as a basis for entering a decoration on the applicant’s DD Form 214.  In addition, evidence in his MPRJ indicated he was wounded, including the loss of his right eye, and admitted to the 12th Evacuation Hospital on 18 June 1970.  Therefore, there is insufficient corroborating evidence to add  the Army Commendation Medal with "V" device for action on 19 June 1970 to his DD Form 214.

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 amending item 24 of his DD Form 214 to show he was awarded the:

* Bronze Star Medal
* Army Commendation Medal (two awards, one with "V" device)

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 Army Commendation Medal with "V" device for action on 19 June 1970.  




      _______ _   __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)                                         AR20100024555





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100024555



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1