IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100025513 


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 (Report of Transfer or Discharge) to show award of the Bronze Star Medal with "V" Device and Purple Heart.

2.  The applicant states:

* His DD Form 214 does not show the Bronze Star Medal with "V" Device or the Purple Heart
* Orders for the Bronze Star Medal with "V" Device indicate he was wounded in the left leg

3.  The applicant provides:

* DD From 214
* Orders for the Bronze Star Medal with "V" Device 

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 May 1966.  He arrived in Vietnam on 18 November 1966.  He served as a light weapons infantryman while assigned to Company C, 3rd Battalion, 22nd Infantry in Vietnam from 1 December 1966 through 16 August 1967.  He was assigned to Company D, 3rd Battalion, 22nd Infantry in Vietnam from 17 August 1967 through 17 November 1967.  On 16 May 1968, he was released from active duty in the temporary rank of sergeant after completing 2 years of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), First Class Gunner Badge with M-60 Machinegun Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards.

4.  Orders, dated 23 August 1967, show he received the Bronze Star Medal with "V" Device for heroism on 6 June 1967 in Vietnam.  The citation states, in pertinent part, "the Viet Cong opened fire wounding Specialist [applicant's last name], the machine gunner, in the left leg."

5.  There are no orders for the Purple Heart in the available records.  However, the Vietnam casualty roster shows he was wounded in action on 6 June 1967.

6.  His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  

7.  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 for award of the Purple Heart.
 
8.  Records show he participated in two campaigns during his assignment in Vietnam.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (3rd Battalion, 22nd Infantry) at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 to 1 August 1967 by Department of the Army General Orders (DAGO) 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to August 1968 by DAGO 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 51, dated 1971

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.




14.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he received the Bronze Star Medal with "V" Device for heroism on 6 June 1967 in Vietnam.  His DD Form 214 should be corrected to show this medal. 

2.  The entry on the Vietnam casualty roster and his citation for award of the Bronze Star Medal with "V" Device which states he was wounded in the left leg by the Viet Cong on 6 June 1967 in Vietnam are accepted as sufficient evidence on which to award the Purple Heart.

3.  He was released from active duty in the temporary rank of sergeant with 
2 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings through his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 17 May 1966 through 16 May 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should be corrected to show this award.

4.  He participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  His DD Form 214 should be corrected to show his authorized bronze service stars.

5.  His unit (3rd Battalion, 22nd Infantry) was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show two awards of this unit award.

6.  His unit (3rd Battalion, 22nd Infantry) was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the time he was assigned.  Therefore, his DD Form 214 should be corrected to show this unit award.




BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 Purple Heart for wounds received in action on 6 June 1967 in Vietnam;

	b.  awarding him the first award of the Good Conduct Medal for the period 
17 May 1966 through 16 May 1968; and 

	c.  adding the Purple Heart, Good Conduct Medal, Bronze Star Medal with "V" Device, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.  




      _______ _   _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)                                         AR20100025513





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ABCMR Record of Proceedings (cont)                                         AR20100025513



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