IN THE CASE OF:	  

		BOARD DATE:	  21 September 2011

		DOCKET NUMBER:  AR20110004470 


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:

* his rank as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4
* award of the Purple Heart (2nd Award), Army Commendation Medal with "V" Device, Bronze Star Medal, and Army Good Conduct Medal
* he completed training at the Noncommissioned Officer (NCO) Lightning Tropic Academy [properly known as the Tropic Lightning NCO Academy]

2.  He states his DD Form 214 was prepared before all of his military records were made available.  

3.  He provides:

* DD Form 214
* Orders and award certificate for the Army Commendation Medal with "V" Device 
* Orders and award certificate for the Purple Heart for wounds received in action on 13 May 1968
* Personal photographs
* Self-authored statement
* Court document from the Superior Court of the State of California for the County of Los Angeles changing his name



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 request for correction of his DD Form 214 to show his rank as SGT/E-5 was originally considered by the ABCMR on 25 October 1972.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 
2-15b, governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and has not previously been reconsidered.  Since his request to show his rank as 
SGT/E-5 was not received within 1 year of the ABCMR's original decision, this portion of his request will not be discussed further in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 7 March 1966 for a period of three years.  He was promoted to SP4/E-4 on 24 May 1967.

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

* item 27 (Military Education) – no indication he completed training at the Tropic Lightning NCO Academy 
* item 31 (Foreign Service) – he served in Vietnam from 30 April 1967 through 29 April 1968
* item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings throughout his active duty service
* item 38 – he was assigned to the following units in Vietnam:

* Headquarters and Headquarters Battery, II Field Force Vietnam, Artillery (4 May-3 October 1967)
* Company B and Headquarters and Headquarters Company of the 25th Supply and Transport Battalion, 25th Infantry Division (4 October 1967-13 November 1967)
* Company A, 1st Battalion, 5th Infantry Regiment (14 November 1967-13 June 1968)

* Item 40 (Wounds) – he sustained a fragment wound to his right thumb on 17 December 1967 and gunshot wounds to his left heel and right foot on 13 May 1968
* item 41 (Awards and Decorations) – one award of the Purple Heart and no entry for award of the Army Commendation Medal with "V" Device, Bronze Star Medal or Army Good Conduct Medal

5.  His service record contains orders which show he was awarded the:

* Purple Heart for wounds received in action on 17 December 1967 by Headquarters, 25th Infantry Division, General Orders Number 5102, dated 19 December 1967
* Army Commendation Medal with "V" Device for action on 22 April 1968 by Headquarters, 25th Infantry Division, General Orders Number 4858, dated 4 July 1968
* Purple Heart for wounds received in action on 13 May 1968 by Headquarters, 12th Evacuation Hospital, General Orders Number 77, dated 25 March 1969

6.  His service record does not contain orders for award of the Bronze Star Medal or Army Good Conduct Medal.  

7.  He was released from active duty on 7 April 1970 in the rank of SP4.  He completed 2 years, 7 months, and 23 days of total active service with no lost time.  His record does not contain any disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, Combat Infantryman Badge, and Purple Heart.

9.  Item 25 (Education and Training Completed) of his DD Form 214 doesn’t show he completed training at the Tropic Lightning NCO Academy.

10.  He provided a self-authored statement in support of his claim and stated he:

* was a former member of Company A, 1st Battalion, 5th Infantry Regiment (Mechanized), 25th Infantry Division in Chu Chi, Vietnam
* was a 100-percent disabled veteran from gunshot wounds received in combat
* attended the Tropic Lightening NCO Academy of the 25th Infantry Division in Chu Chi, Vietnam in March 1968 and was promoted from SP4 to SGT, but he doesn't have orders for promotion or attendance at the NCO Academy
* was wounded in action on 13 May 1968 and spent six weeks at the 12th Evacuation Hospital in Chu Chi, Vietnam
* was transferred to a hospital in Japan for more surgeries 
* was evacuated to Scott Air Force Base Hospital and 
General Leonard Wood Hospital where he was released from the service with an honorable/medical discharge on 29 October 1968

11.  He provides a certificate showing he was awarded the Purple Heart (First Oak Leaf Cluster) for wounds sustained in Vietnam on 13 May 1968.  

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for the Bronze Star Medal pertaining to the applicant.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

   a.  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.  

   b.  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 Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.  

14.  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.  There must have been no convictions by a court-martial.  

15.  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 the unit to which the applicant was assigned was cited for award of the:  

   a.  Meritorious Unit Commendation for the period 1 March 1966 to 31 December 1967 by Department of the Army General Orders (DAGO) Number 48, dated 1968.
   
   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period March 1966 to August 1968 by DAGO Number 48, dated 1971.
   
   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 to 21 January 1970 by DAGO Number 51, dated 1971.

16.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that installation training courses (qualifications courses), military correspondence courses, and off-duty courses the enlisted person had successfully completed during the period covered by the DD Form 214 would be entered in item 25.

17.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

18.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded two Purple Hearts. Therefore, his DD Form 214 should be amended to show award of the Purple Heart (2nd Award).

2.  General orders show the applicant was awarded the Army Commendation Medal with "V" Device.  Therefore, his DD Form 214 should be amended to show this award.

3.  His service record doesn’t contain a recommendation or orders for award of the Bronze Star Medal.  Although there is insufficient evidence on which to base award of the Bronze Star Medal, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  It appears he met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period of service from 7 March 1966 through 29 October 1968.  His service record shows he received "excellent" conduct and efficiency ratings, received numerous awards, and was advanced to SP4 during this period.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and is entitled to correction of his DD Form 214 to show this award.

6.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  His service record is void of evidence and he has not provided any evidence which shows he completed training at the Tropic Lightning NCO Academy.  Therefore, there is insufficient evidence to show he completed training at this academy.  

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 the DD Form 214 of the individual concerned be corrected by:

	a.  deleting the Purple Heart and Vietnam Service Medal from item 24;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 7 March 1966 through 29 October 1968; and 

	c.  adding award of the Purple Heart (2nd Award), Army Commendation Medal with "V" Device, Vietnam Service Medal with four bronze service stars, Army Good Conduct Medal (1st Award), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24. 

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 award of the Bronze Star Medal and to show he completed training at the Tropic Lightning NCO Academy.  



      ________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)                                         AR20110004470





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