IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110004350 


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 request the Bronze Star Medal and the Purple Heart be added to his 1969 DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states they should be but aren’t on the DD Form 214.  Other awards may also be missing.

3.  The applicant provides copies of his two DD Forms 214 and the general orders and certificate for his Bronze Star Medal.

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 was inducted.  He volunteered and completed Officer Candidate School.  He was discharged in pay grade E-5 on 4 March 1968.  He was commissioned an artillery officer on 5 March 1968 and entered active duty on that date.  In May 1968, Special Orders Number 137 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

3.  His DA Form 66 (Officer Qualification Record) shows in:

   a.   item 18 (Record of Assignments) ? His first unit, 1st Battalion, 82nd Artillery relocated to Vietnam on 31 July 1968.  On 11 September 1968, he became the commander of C Battery, 1st Battalion, 14th Artillery.  He served in that position through 28 July 1969 when he returned to the United States; 

	b.  item 21 (Awards and Decorations) ? National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal with Device (1960), and two Overseas Service Bars; 

4.  Americal Division General Orders Number 4906 of 15 June 1969, which the applicant submitted with his application, shows he was awarded the Bronze Star Medal for meritorious service during the period July 1968 to July 1969.

5.  He was released from active duty as a 1st Lieutenant on 27 December 1969. His DD Form 214 lists his authorized awards as the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and two Overseas Service Bars.

6.  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 general order pertaining to the applicant except the one for his Bronze Star Medal.

7.  His name is not listed on the Vietnam Casualty Roster.

8.  Army Regulation 600-8-22 (Military Awards) states:

   a.  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.
   
   b.  the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for participation in each credited campaign.  A bronze service star will be awarded participation in each campaign.  The campaigns included the Vietnam Counteroffensive Phase V from 1 July through 1 November 1968, Vietnam Counteroffensive Phase VI from 2 November 1968 through 22 February 1969, Tet 69 Counteroffensive from 23 February through 8 June 1969 and Vietnam Summer - Fall 1969 from 9 June through 31 October 1969.

9.  Department of the Army General Order (DAGO) Number 8 of 1974 authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation for all units of U.S. Army Vietnam between 20 July 1965 and 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his Bronze Star Medal and Purple Heart are not shown on his DD Form 214 and other awards might also be missing. 

2.  Available orders show he was awarded the Bronze Star Medal in June 1969.

3.  He earned four bronze service stars for wear on the Vietnam Service Medal and is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

4.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar shortly after he was commissioned.

5.  The above awards should be added to his 1969 DD Form 214.

6. There is, unfortunately, no available evidence that the applicant was treated for a wound sustained while in action against the enemy or as the result of enemy action.  There is nothing in his available records, no general orders in ADCARS, his name does not appear on the Vietnam Casualty Roster, and his medical records are not available [probably held by the Department of Veterans Affairs].



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 deleting the Vietnam Service Medal from his 1969 DD Form 214 and adding the Bronze Star Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar. 

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 the Purple Heart.  



      _______ _   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)                                         AR20110004350





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004350



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1