BOARD DATE:	  12 July 2011

		DOCKET NUMBER:  AR20100029311 


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 reconsideration of a previous application to list his Purple Heart and Bronze Star Medals on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  As new issues, he also requests the addition of all other awards and decorations not originally listed.

2.  He states that his Purple Heart and Bronze Star Medal were "pinned on my pillow" by Governor R---------r and Mr. S-------n C---t (a television actor) in 1969, while he was a patient at the 3rd Field Hospital in Saigon, Vietnam.  He contends the medals were stolen from him and he was told by the hospital leadership that they would try to find the medals or obtain another set for him.

3.  He provides a:

* self-authored letter to his Member of Congress (MOC)
* Standard Form (SF) 180 (Request Pertaining to Military Records) 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC97-10855 on
4 March 1998.


2.  He provided a self-authored letter written to his MOC which is considered new evidence that warrants consideration by the Board.

3.  The applicant was inducted into the Army of the United States on 5 June 1968.  After completing training he was awarded military occupational specialty 76Y (Supply Storage Specialist).

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 31 (Foreign Service) he served in Vietnam from 13 November 1968 through 12 November 1969
* Item 38 (Record of Assignment) he was assigned to the 223rd Supply and Service Company in Vietnam from 16 November 1968 to 6 November 1969
* Item 38 no entry indicating he was hospitalized at any time during his military career
* Item 40 (Wounds) no entry (blank)
* Item 41 (Awards and Decorations) no entry for award of the Purple Heart or the Bronze Star Medal; however, it does show he was awarded the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

5.  Special Orders Number 184, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 23 July 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  Permanent Orders 37-01, issued by the U.S. Army Reserve Personnel Center, St. Louis, MO, dated 6 February 1996, awarded the applicant the Army Good Conduct Medal for the period 5 June 1968 through 4 June 1970.

7.  The applicant was honorably released from active duty on 4 June 1970 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years total active service including 1 year of foreign service in Vietnam.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

8.  His records do not contain official orders awarding him the Purple Heart or the Bronze Star Medal.

9.  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 the Purple Heart or the Bronze Star Medal pertaining to the applicant.

10.  The applicant's self-authored letter states that it is his second request to add his Purple Heart and Bronze Star Medal to his DD Form 214.  In his first request, the date of the incident was listed wrong.  He contends the incident occurred between 23 December 1968 and 1 January 1969.  He contends he was riding guard on a truck hauling supplies, when he had to engage the enemy.  He was wounded as a result and was treated at the company headquarters in Saigon.

11.  He contends his company commander told him he would receive the Purple Heart and Bronze Star Medal; however, he chose to receive them later because he received a letter from home informing him his mother was in the hospital.  In 2009, he was watching an old television show “The Family Affair,” when his memory was jogged that the actor, Mr. S-------n C---t, was one of the people who awarded him his medals while he was in the hospital in Vietnam.  The Purple Heart was stolen; however, he has the BSM, but it contains the name of someone else.  He does not have the paperwork for the medals and he was told someone would issue them to him.

12.  He also provided an SF 180 in which he requested the Purple Heart, Bronze Star Medal, and all other awards he is entitled to.

13.  A review of his record indicates entitlement to additional awards which are not shown on his DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive (23 February 1969 – 8 June 1969)


* Vietnam Summer - Fall 1969 (9 June 1969 – 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

16.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

17.  Army Regulation 600-8-22 states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him the Army Good Conduct Medal for the period
5 June 1968 through 4 June 1970.  Therefore, his DD Form 214 should be corrected to show this award.

2.  He participated in four campaign phases during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.



3.  All units in Vietnam during his period of assignment were awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  His record shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle (M-14) and Automatic Rifle (M-16) Bars.  Therefore, his
DD Form 214 should be corrected to show these qualification badges.

5.  His record is absent evidence and he has not provided sufficient evidence to show he was awarded the Purple Heart and the Bronze Star Medal.  Therefore, there is no basis for granting this portion of his requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___x__  ___x_____  ___x_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  As for the new issue, the Board determined the evidence presented is 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars, and

	b.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

2.  As for the request for reconsideration issues, the Board further determined that the evidence presented was insufficient to warrant amendment of the ABCMR’s decision in Docket Number AC97-10855, dated 4 March 1998.  



      __________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)                                         AR20100029311



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ABCMR Record of Proceedings (cont)                                         AR20100029311



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