IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100026404 


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 Bronze Star Medal with "V" Device and Air Medal be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states these medals were not included in his original DD Form 214.

3.  The applicant provides:

* DD Form 214
* Air Medal Certificate and Citation
* Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster) orders

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 enlisted in the Regular Army on 3 February 1966 for a period of 3 years.  He served as a field artillery basic crewman in Germany and was honorably discharged for immediate reenlistment on 2 February 1967.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 2 February 1967 shows the National Defense Service Medal, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  He reenlisted on 3 February 1967 for a period of 3 years.  He arrived in Vietnam on 30 April 1967.  He served as a field artillery basic crewman assigned to Battery B, 3rd Battalion, 319th Artillery, in Vietnam from 8 May 1967 to 8 November 1967.  He was assigned to Battery B, 2nd Battalion, 320th Artillery, in Vietnam from 9 November 1967 to 22 June 1969.  He was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 320th Artillery, in Vietnam from 23 June 1969 to 5 September 1969.  On 9 September 1969, he was released from active duty in the temporary rank of sergeant after completing a total of 3 years, 7 months, and 7 days of creditable active service with no time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 9 September 1969 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Silver Star, Parachutist Badge, and Army Commendation Medal as authorized awards.

6.  Orders, dated 30 November 1968, show he received the Army Commendation Medal (1st Oak Leaf Cluster).

7.  Orders, dated 18 March 1969, show he received the Bronze Star Medal (1st Oak Leaf Cluster).

8.  Orders, dated 22 June 1969, show he received the Air Medal.

9.  Orders, dated 8 July 1969, show he received the Silver Star for gallantry in action in Vietnam on 14 June 1969.  The citation for this award states, in pertinent part, "while serving as a radio telephone operator in Battery B, 2d Battalion, 320th Artillery, at Fire Support Base Berchtesgaden, Republic of Vietnam.  During the early morning hours on the cited date, an unknown size enemy force initiated an intense mortar attack against the fire base which knocked out radio communication in the Control Center" and he "left his shelter with a radio and positioned himself outside in the intense mortar fire so as to reestablish communications and thus direct counter mortar fire."  

10.  Orders, dated 28 July 1969, show he received the Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster) for heroism on 14 June 1969 in Vietnam.  The citation for this award states, in pertinent part, "while serving as a radio telephone operator in the 2d Battalion, 320th Artillery, at Fire Support Base Berchtesgaden, Republic of Vietnam.  During the early morning hours on the cited date, an unknown size enemy force launched an intense mortar and ground attack against the fire base.  During the initial contact, the Artillery Liaison Officer was mortally wounded and communications with supporting artillery units were completely destroyed" and he "took a radio outside of his protected bunker and despite the heavy volume of shrapnel and small arms fire, was able to reestablish communications with the artillery units."  

11.  There are no orders for the Purple Heart in the available records.  However, item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry "gunshot wound left foot-6 Aug 67."

12.  His name does not appear on the Vietnam casualty roster.

13.  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 any orders for award of the Purple Heart pertaining to the applicant.

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

15.  Records show he participated in eight campaigns during his assignment in Vietnam.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit, 3rd Battalion, 319th Artillery, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972

17.  Department of the Army Pamphlet 672-3 shows the applicant's unit, 2nd Battalion, 320th Artillery, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971

18.  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.

19.  Paragraph 1-19 of Army Regulation 600-8-22 (Military Awards) states only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

20.  Army Regulation 600-8-22 provides that the Purple Heart 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 medical personnel, and the medical treatment must have been made a matter of official record.

21.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 (Wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

22.  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.
23.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star will be worn in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The reasons cited in the applicant's citations for the Silver Star for gallantry in action on 14 June 1969 in Vietnam and Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster) for heroism on 14 June 1969 in Vietnam are for the same act.  Since the governing regulation states only one decoration will be awarded to an individual or unit for the same act, and the Silver Star is properly shown on his DD Form 214 for the period ending 9 September 1969, there is no basis for granting his request to show the Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster) on his DD Form 214.  It appears the Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster) orders were issued in error.

2.  Orders show he received the Army Commendation Medal (1st Oak Leaf Cluster), Bronze Star Medal (1st Oak Leaf Cluster), and Air Medal.  His DD Form 214 should be corrected to show these awards.

3.  Although there is no evidence of record to show the applicant was awarded the Purple Heart, the entry in item 40 of his DA Form 20 which shows he was wounded on 6 August 1967 is accepted as sufficient evidence in which to show that he was awarded the Purple Heart.  Therefore, it would be appropriate to award him the Purple Heart and his DD Form 214 should be corrected to show this award.

4.  He was released from active duty in the temporary rank of sergeant with over 3 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of a period of qualifying service of 3 years from 3 February 1966 through 2 February 1969.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this medal.

5.  He participated in eight campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star and three bronze service stars.  His DD Form 214 should be corrected to show this award.

6.  His units were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both unit awards.

7.  His unit (2nd Battalion, 320th Artillery) was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  __X_____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 Army Good Conduct Medal (1st Award) for the period 3 February 1966 through 2 February 1969;

	b.  awarding him the Purple Heart for wounds received on 6 August 1967;

	c.  deleting the Bronze Star Medal and Army Commendation Medal from item 24 of his DD Form 214 for the period ending 9 September 1969; and

	d.  adding the Bronze Star Medal (1st Oak Leaf Cluster), Purple Heart, Air Medal, Army Commendation Medal (1st Oak Leaf Cluster), Army Good Conduct Medal (1st Award), two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver and three bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214 for the period ending 9 September 1969.


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 adding the Bronze Star Medal with "V" Device (2nd Oak Leaf Cluster) to 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)                                         AR20100026404



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ABCMR Record of Proceedings (cont)                                         AR20100026404



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