IN THE CASE OF:	  

		BOARD DATE:	  18 August 2011

		DOCKET NUMBER:  AR20110003664 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal and Army Commendation Medal. 

2.  The applicant states:

* The Bronze Star Medal and Army Commendation Medal were omitted from his DD Form 214 due to a clerical error
* He earned these awards while serving in a combat zone

3.  The applicant provides:

* DD Form 214
* Award certificates and citations for the Bronze Star Medal and Army Commendation Medal 
* Two photographs
* DA Form 20 (Enlisted Qualification Record)
* Certificate of Retirement
* Retirement orders
* U.S. Army Human Resources Command Chronological Statement of Retirement Points
* Marriage License
* Sworn statement
* Service medical records

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 30 October 1967 for a period of 3 years.  He was awarded military occupational specialty (MOS) 71C (stenography).  He arrived in Vietnam on 20 July 1968.  He served as a stenographer assigned to Headquarters and Headquarters Company (HHC), 101st Airborne Division in Vietnam from 7 August 1968 to 19 July 1969.  On 19 October 1970, he was released from active duty in the rank of specialist five after completing 2 years, 11 months, and 20 days of creditable active service with no lost time.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Overseas Service Bar (two awards)

4.  There are no orders for the Bronze Star Medal in the available records.  

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the Bronze Star Medal.  This form was audited by the applicant in April 1970.

6.  In support of his claim for the Bronze Star Medal, he provided an award certificate and citation.  He also provided a DA Form 2-1 (Personnel Qualification Record).  Item 9 (Awards, Decorations and Campaigns) contains the entry "BSM [Bronze Star Medal] (690331)."  This form was reviewed by the applicant on 
2 April 1990.  
7.  There are no orders for the Army Commendation Medal in the available records.  However, item 41 of his DA Form 20 shows the Army Commendation Medal was issued by Headquarters, 101st Airborne Division General Orders Number 2745 (no date given).  In support of his claim, he provided an award certificate and citation for the Army Commendation Medal. 

8.  There are no orders for the Purple Heart in the available records.  However, a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 14 May 1969, shows the applicant was injured in a helicopter crash as a result of hostile action on 13 May 1969 in Vietnam.  The clinical record also states "Purple Heart not awarded this hospital."  

9.  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 United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal, Army Commendation Medal, or Purple Heart pertaining to the applicant.

10.  Records show he participated in four campaigns during his assignment in Vietnam.

11.  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 period of service.

12.  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 HHC, 101st Airborne Division, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 48, dated 1971


13.  Army Regulation 600-8-22 (Military Awards) 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.  

14.  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.

15.  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.

16.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Bronze Star Medal in the available records.
In the absence of orders or other corroborating evidence, the Bronze Star Medal award certificate and citation provided by the applicant alone are not sufficient as a basis for adding this medal to his DD Form 214.  Regrettably, there is insufficient evidence in which to grant the applicant's requested relief.

2.  Although there are no orders for the Army Commendation Medal in the available records, the applicant provided an award certificate and citation for this medal and his DA Form 20 shows orders were published for the Army Commendation Medal.  Therefore, the entry in item 41 of his DA Form 20 which shows he was issued the Army Commendation Medal is accepted as sufficient evidence on which to add the Army Commendation Medal to his DD Form 214.  

3.  Medical evidence shows the applicant was injured as a result of hostile action in Vietnam on 13 May 1969.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

4.  He was separated in the rank of specialist five with almost 3 years of creditable active service with no lost time.  It appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 30 October 1967 through 19 October 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  He participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.

6.  His unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  His DD Form 214 should be corrected to show these unit awards. 

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 on 13 May 1969 in Vietnam;

	b.  awarding him the first award of the Army Good Conduct Medal (1st Award) for the period 30 October 1967 through 19 October 1970; and

	c.  adding the Purple Heart, Army Commendation Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.   

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 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)                                         AR20110003664



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ABCMR Record of Proceedings (cont)                                         AR20110003664



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