IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100026731 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Bronze Star Medal (BSM) with "V" Device and the Purple Heart (PH).

2.  The applicant states while submitting a claim to the Department of Veterans Affairs (VA), it was discovered his BSM and injuries incurred while serving in Vietnam were not reflected on his DD Form 214.

3.  The applicant provides:

* Self-authored statement
* National Personnel Records Center (NPRC) letter
* BSM order
* DA Form 1156 (Casualty Feeder Report)
* Photograph
* DD Form 214

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's military records show he was inducted into the Army of the United States on 21 July 1967.  He was trained in and awarded military occupational specialty 13B (Field Artillery Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 19 December 1967 to 18 December 1968 with Battery A, 2nd Battalion, 33rd Artillery Regiment.  Item 38 (Record of Assignments) shows that he received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments.

4.  Item 40 (Wounds) of the DA Form 20 is blank and the BSM and PH are not included in the list of awards contained in item 41 (Awards and Decorations).

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains no derogatory information and there is no documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  The applicant's MPRJ contains Headquarters, 1st Infantry Division, General Orders (GO) Number (#) 11808, dated 8 November 1968, which awarded him the BSM with" V" Device for heroism in connection with military operations against a hostile force in the RVN on 7 August 1968.  It confirms his bravery while serving his unit during an intense mortar attack.

7.  The applicant's record is void of any orders or other documents that indicate he was ever awarded the PH by proper authority while serving on active duty.  The record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN.

8.  On 18 July 1969, the applicant was honorably released from active duty, after completing 1 year, 11 months and 28 days of active military service and transferred to the U.S. Army Reserve.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the following awards during his tenure on active duty:

* National Defense Service Medal
* Vietnam Service Medal (VSM) with two bronze service stars
* Republic of Vietnam (RVN) Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle Bar
* Marksman Marksmanship Qualification Badge with M-14 Rifle Bar

10.  The applicant provides a DA Form 1156 which shows he was lightly wounded in action on 7 August 1968.  It also shows he was evacuated to "Laikhe First Med, Laikhe Vietnam."

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer and that treatment must have been made a matter of the official record.

	b.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star will be used in lieu of five bronze service stars.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following five campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counter offensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI

12.  Army Regulation 672-5-1 (Awards) stated 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; 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.  

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN with Battery A, 2nd Battalion, 33rd Artillery Regiment, it earned the Meritorious Unit Commendation (MUC), and the 2d Battalion, 33rd Artillery Regiment earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH and BSM has been carefully considered and found to have merit.  The available evidence confirms the applicant was awarded the BSM with "V" Device by the appropriate award authority and this award was announced in official orders.  As a result, it would appropriate to add this award to his DD Form 214 at this time.

2.  By regulation, in order to support award of the PH, it is necessary to establish that the wound, for which the award is being made, was received as a direct result of or was caused by enemy action, that it required medical treatment by medical personnel, and a record of this medical treatment must have been made a matter of the official record.

3.  The evidence of record contains no evidence to show that the applicant sustained a combat wound, was medically treated for that wound, or to show that he was recommended for or awarded the PH in official orders by proper authority.  However, he provides a DA Form 1186 which confirms he was lightly wounded in action on 7 August 1968.  This is the same day he was subjected to an intense hostile mortar attack in the RVN for which he was later awarded the BSM.  This report also indicates the applicant was evacuated to a medical facility in Laikhe, Vietnam, evidencing that he received medical treatment for his wounding and further serves as the official record of this treatment.  As a result, the regulatory criteria necessary for the award of the PH has been satisfied in this case and the applicant's record should be corrected to show this award.

4.  The applicant's record also confirms that he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 21 July 1967 through 18 July 1969.

5.  The evidence of record also shows that based on the applicant's service and campaign participation in the RVN, he is also entitled to the MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and one silver service star to be affixed to his VSM, in place of the two bronze service stars now shown.  Thus, it would also be appropriate to add these awards to his DD Form 214 at this time.

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 being wounded in action in the Republic of Vietnam on 7 August 1968;

   b.  awarding him the first award of the Army Good Conduct Medal, for his qualifying honorable active duty service from 21 July 1967 to 18 July 1969; 
      
   c.  deleting the Vietnam Service Medal with two bronze service stars in Item 24 of his DD Form 214 and adding the:
   
* Bronze Star Medal with "V" Device
* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
      
   
d.  issuing him a correction to his DD Form 214 to reflect these awards.




      _______ _   __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)                                         AR20100026731





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ABCMR Record of Proceedings (cont)                                         AR20100026731



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