IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100027441 


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):

   a.  item 22c (Foreign and/or Sea Service); and 
   
   b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).
   
2.  The applicant states:

   a.  He completed 2 years of foreign service in the Republic of Vietnam (RVN) from January 1967 to January 1968 and from August 1968 to August 1969.
   
   b.  He earned the:
   
* Bronze Star Medal (BSM) with "V" Device for Valor in February 1967
* BSM for service in Vietnam from January 1967 to January 1968
* BSM for his service in Vietnam from August 1968 to August 1969
* Purple Heart (PH) in August 1967
   
   c.  His Combat Infantryman Badge was lost.

3.  The applicant provides no additional documents.


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 record shows he enlisted in the Regular Army (RA) on 28 June 1966 and served until he was honorably discharged on 9 July 1968.  Item 22c of the DD Form 214 he was issued shows he completed 4 months and 1 day of foreign service and item 24 lists the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Parachutist Badge
* Expert Marksmanship Qualification Badge with M-60 Machine Gun Bar
* Marksman Marksmanship Qualification Badge with M-14 and M-16 Rifle Bar

3.  On 10 July 1968, the applicant reenlisted in the RA.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) documents the following three periods of service:

* 11 January 1967 - 12 January 1968 RVN (1 year and 2 days)
* 11 March  - 29 July 1968 – Germany (4 months and 19 days)
* 25 October 1968 - 13 October 1969 RVN (11 months and 19 days)

4.  Item 38 (Record of Assignments) of his DA Form 20 shows the applicant was assigned to the 2nd Battalion, 502nd Infantry Regiment during his first RVN tour and he was assigned to the 4th Battalion, 503rd Infantry Regiment during his second RVN tour.

5.  Item 38 of his DA Form 20 also shows his receipt of "excellent" conduct and efficiency ratings at each of his active duty assignments from 9 July 1966 through 29 February 1972.  His Official Military Personnel File (OMPF) is also void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM during this period.

6.  Item 40 (Wounds) of his DA Form 20 contains no entry.

7.  His OMPF is void of any orders or other documents that indicate he was recommended for or awarded the BSM with "V" Device and 2nd Oak Leaf Cluster (OLC) to identify three awards or the PH by proper authority while serving on active duty.

8.  On 15 June 1973, the applicant was finally discharged from active duty under honorable conditions.  The DD Form 214 he was issued shows he completed a total of 6 years and 12 days of creditable active service.  Item 22c shows he completed 1 year and 9 days of foreign service.

9.  Item 24 of the DD Form 214 issued on 15 June 1973 shows he earned the following awards:

* NDSM
* CIB
* BSM
* RVNCM with Device 1960
* Parachutist Badge
* 4 Overseas Service Bars
* VSM with 6 campaign stars

10.  Item 30 (Remarks) of the applicant's final DD Form 214 includes the entry “VIETNAM:  25 Oct 68 –13 Oct 69."

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states the following will be entered in the items indicated: 

* item 22c includes the total active duty service outside the continental limits for the period covered by the DD Form 214 and the last oversea theater in which service was performed

* item 24 includes all decorations, service medals, campaign credit, and badges awarded, or authorized
* item 30 includes the inclusive dates of service in Vietnam

12.  A review of the Vietnam casualty roster shows the applicant's name is listed as a casualty on 14 August 1967 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

13.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for the BSM or the PH pertaining to the applicant.

14.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.

15.  Paragraph 2-13 of the awards regulation contains guidance on the VSM and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in and a silver service star is used to denote five bronze service stars.  Appendix B shows that during his tours in Vietnam participation credit was awarded for the following six campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive
* Vietnam Summer-Fall 1969

16.  Paragraph 3-14 of the awards regulation contains guidance on award of the BSM and it states it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.

18.  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 the applicant's RVN tours, his units earned the following awards:

   a.  2nd Battalion, 502nd Infantry Regiment - RVN Gallantry Cross (RVNGC) with Palm Unit Citation; and
   
   b.  4th Battalion, 503rd Infantry Regiment - RVNGC with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends items 22c and 24 of his DD Form 214 should be corrected.

2.  The available evidence confirms that during the applicant's initial period of active service he served in the RVN from 11 January 1967 to 12 January 1968; this period of service equals 1 year and 2 days.  He also served in Germany from 11 March to 9 July 1968; this period of service equals 3 months and 29 days.  As a result, Item 22c of his 9 July 1968 DD Form 214 should be corrected to show
1 year, 4 months, and 1 day of foreign service.

3.  During the applicant's second period of active service he served in Germany from 10 to 29 July 1968; this period of service equals 20 days.  He also served in the RVN from 25 October 1968 to 13 October 1969; this period of foreign service equals 11 months and 19 days.  Both periods of foreign service equals 1 year and 9 days.  This service is currently reflected in item 22c of his 15 June 1973 DD Form 214 and no correction regarding his foreign service is required.

4.  The applicant's name is listed on the RVN Vietnam casualty roster, indicating that he was wounded as a result of enemy action and had received medical treatment.  Accordingly, the regulatory burden of proof necessary to support award of the PH has been satisfied in this case.

5.  The available evidence confirms the applicant received all “excellent” conduct and efficiency ratings at each of his active duty assignments during his initial period of active service from 28 June 1966 to 9 July 1968 and up to February 1972 as evidenced by his DA Form 20.  In addition, his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM during this period.  As a result, it would be appropriate to award him the AGCM for this qualifying period of honorable active duty service and to add this award to his record and DD Form 214 at this time.

6.  Based on the applicant's service and campaign participation in the RVN, he is also entitled to the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal with First Class Unit Citation.  Accordingly, it would be appropriate to add all of these awards to his DD Form 214.

7.  The BSM is listed on the applicant's 15 June 1973 DD Form 214.  However, there are no other documents or available general orders showing he was awarded the BSM with "V" Device or any additional BSMs.  Therefore, the evidence is insufficient for granting this portion of his request.

8.  Lost service medals and awards are not issued by the ABCMR.  However, the applicant may obtain replacement medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5200.  The issuance of the CIB will not be further addressed in this Record of Proceedings.

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.  awarding him the Purple Heart for wounds received in action in the RVN on 14 August 1967;

   b.  awarding him the Army Good Conduct Medal for his qualifying period of honorable service from 28 June 1966 to 27 June 1969;
   
   c.  amending his 9 July 1968 DD Form 214 by:
   
* adding in Item 22c "1 year, 4 months, and 1 day"

* adding in Item 24 the Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

d.  adding to item 24 of his 15 June 1973 DD Form 214:

* Purple Heart
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
   
e.  issuing him documents to show the above corrections on the appropriate DD Forms 214 dated 9 July 1968 or 15 June 1973.

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 additional awards of the Bronze Star Medal and "V" Device.



      ____________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)                                         AR20100027441



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ABCMR Record of Proceedings (cont)                                         AR20100027441



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