BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110002838 


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) to show a second award of the Bronze Star Medal (BSM) and to be awarded the Purple Heart (PH).

2.  The applicant states the BSM for meritorious service was awarded in General Orders (GO) Number 542, dated 15 April 1968.  He also states GO Number 1812, dated 11 October 1968, awarding him the BSM for heroism documents his entitlement to award of the PH.

3.  The applicant provides copies of the following orders in support of his application:

* Headquarters, 5th Special Forces (SF) Group (Airborne), 1st SF, GO Number 542, dated 15 April 1968, awarding him the BSM for meritorious service in the Republic of Vietnam (RVN) for the period 18 October 1966 to 29 February 1968
* Headquarters, 5th SF Group (Airborne), 1st SF, GO Number 1812, dated 11 October 1968, awarding him the BSM with "V" Device for heroism in connection with ground operations against a hostile force in the RVN on 28 September 1968

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 record shows the applicant enlisted in the Regular Army on 29 March 1966.  He was trained in and awarded military occupational specialty (MOS) 11F (Operations and Intelligence Specialist).  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 18 October 1966 to 25 November 1968.

3.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to Company C, 5th SF Group (Airborne), 1st SF, performing duties in MOS 11F as an intelligence specialist during his RVN tour of duty.  Item 38 also shows he entered a patient status in the RVN on 11 October 1968 and was medically evacuated to the Medical Holding Company, Fitzsimons General Hospital, Denver, Colorado, on 16 October 1968.  Item 38 further shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not include the PH or BSM with "V" Device in the earned awards listed.

5.  The applicant's military personnel records jacket (MPRJ) contains the following orders issued by Headquarters, 5th SF Group (Airborne), 1st SF:

* Headquarters, 5th SF Group (Airborne), 1st SF, GO Number 542, dated 15 April 1968, awarding him the BSM for meritorious service in the RVN for the period 18 October 1966 to 29 February 1968
* Headquarters, 5th SF Group (Airborne), 1st SF, GO Number 1812, dated 11 October 1968, awarding him the BSM with "V" Device for heroism in connection with ground operations against a hostile force in the RVN on 28 September 1968

6.  The award narrative contained in the BSM with "V" Device orders states the applicant "received a shrapnel wound in his chest and leg rendering him unconscious" during this action.

7.  The applicant's MPRJ is void of any derogatory information or a unit commander's disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).

8.  On 25 November 1968, the applicant was honorably released from active duty in the temporary rank of sergeant/E-5 after completing 2 years, 7 months, and 27 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued at the time of his separation shows he earned the following awards:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* BSM
* four overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar

9.  During the processing of this case, a member of the Board reviewed the Department of the Army Vietnam casualty roster.  This roster contains an entry pertaining to the applicant confirming he was wounded in action in the RVN on 28 September 1968.

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance for 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 military medical personnel, and a record of this treatment must have been made a matter of official record.

11.  Paragraph 2-13 of Army Regulation 600-8-22 contains guidance for the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is authorized in lieu of five bronze service stars.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, 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 the 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) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the 5th SF Group (Airborne), 1st SF, was awarded the following awards for the periods indicated by the DAGO's during the applicant's tenure of assignment in the RVN:

* Presidential Unit Citation (PUC), 1 November 1966-31 January 1968, DAGO 45, dated 1969
* Meritorious Unit Commendation (MUC), 31 January-31 December 1968, DAGO 70, dated 1969
* RVN Gallantry Cross with Palm Unit Citation,1 October 1964-17 May 1969, DAGO 59, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation, 1 January 1968-24 September 1970, DAGO 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the second award of the BSM and to be awarded the PH has been carefully considered and found to have merit.  The applicant's MPRJ contains orders confirming he was awarded the BSM for meritorious service and the BSM with "V" Device for heroism.  Therefore, it would be appropriate to correct item 24 of his DD Form 214 accordingly.

2.  The evidence of record also confirms the applicant was wounded in action in the RVN on 28 September 1968 as evidenced by the BSM with "V" Device orders narrative and the entry on the Vietnam casualty roster.  Therefore, it would be appropriate to award him the PH for being wounded in action in the RVN on 28 September 1968, and to add this award to his record and DD Form 214.

3.  The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, his record is void of derogatory information or a unit commander's disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable active duty service from 29 March 1966 through 25 November 1968 and to add this award to his record and DD Form 214.

4.  The evidence of record also confirms that based on his RVN service and campaign participation, he is entitled to the PUC, MUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and one silver service star for his already-awarded VSM.  Therefore, it would be appropriate to add these awards to his record and DD Form 214.

BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 PH for being wounded in action in the RVN on 28 September 1968,

	b.  awarding him the Army Good Conduct Medal (1st Award) for his qualifying honorable active duty service from 29 March 1966 through 25 November 1968, and

	c.  amending item 24 of his DD Form 214 as follows:

		(1)  deleting the VSM and BSM entries and


		(2)  adding the BSM with "V" Device and 1st Oak Leaf Cluster, PH, AGCM (1st Award), VSM with one silver service star, PUC, MUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.



      ___________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)                                         AR20110002838



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ABCMR Record of Proceedings (cont)                                         AR20110002838



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