IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110006626 


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 the Purple Heart and the Bronze Star Medal with "V" Device.

2.  The applicant states he acted with courage and steadiness during a firefight with enemy forces on 6 February 1968 in Vietnam.  He aided the wounded, engaged the enemy with automatic weapons fire, and rushed two armed enemy soldiers.  He was awarded the Bronze Star Medal with "V" Device at an awards ceremony by the brigade commander.  He eventually received orders for the medal, but it had been changed to the Army Commendation Medal with "V" Device.  He believes this was a mistake.

3.  The applicant provides:

* DD Form 214
* Two orders
* A photograph
* A letter
* A newspaper article
* Three pages titled "Battle of Ah Phu"

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 applicants records show he enlisted in the Regular Army on 29 September 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 27 September 1967 to 26 September 1968 while assigned to the 2nd Battalion, 327th Infantry Regiment, 101st Airborne Division.

3.  General Orders Number 5498, dated 6 September 1968, issued by Headquarters, 101st Airborne Division, awarded him the Army Commendation Medal for meritorious achievement in Vietnam for the period 1 March to 31 July 1968.

4.  General Orders Number 6734, dated 2 October 1968, issued by Headquarters, 101st Airborne Division, awarded him the Army Commendation Medal with "V" Device for heroism in action in Vietnam on 6 February 1968.  The orders cited the following reason:

[Applicant] distinguished himself while serving as a machine gunner with Company A, 2nd Battalion, 327th Infantry, in the vicinity of An Phu, Vietnam.  At approximately 0400 hours on 6 February 1968, an estimated reinforced Viet Cong company launched a mortar, rocket, and determined ground attack against the Army of the Republic of Vietnam compound which the 2nd Platoon was helping to secure.  [Applicant] immediately laid down a heavy base of fire to keep the enemy from reaching the perimeter.  During this time he was hit in the hand with shrapnel.  Despite his wound and the intense enemy hostile fire, he continued firing until his machine gun was hit by a sniper round.  Disregarding the accurate enemy small arms rounds striking around him, he then moved to another location, picked up another weapon, and continued to place fire on the enemy.  His devotion to duty and courageous actions while wounded were in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the U.S. Army.
5.  General Orders Number 6804, dated 3 October 1968, issued by Headquarters, 101st Airborne Division, awarded him the Purple Heart for wounds received in action on 6 February 1968.

6.  General Orders Number 7949, dated 22 October 1968, issued by Headquarters, 101st Airborne Division, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period 1 January to 31 August 1968.

7.  He was honorably released from active duty on 26 September 1969 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 11 months, and 28 days of creditable active service.

8.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Parachutist Badge, and the Combat Infantryman Badge.

9.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  The applicant provides a newspaper article, dated 23 August 1968, wherein it states he was awarded the Bronze Star Medal for heroism in combat, and a photograph of a Soldier wearing a Bronze Star Medal.

11.  A review of his record indicates entitlement to additional awards.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states 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, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 2nd Battalion, 327th Infantry Regiment, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970, by DAGO Number 48, dated 1971

14.  Section 1130 of the U.S. Code (10 USC 1130) allows the Service Secretary concerned to review a proposal for an award, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an upgrade of a decoration under 10 USC 1130, an applicant must comply with the following:

	a.  Submit a DA Form 638 (Recommendation for Award).  The DA Form 638 should clearly identify the unit, the period of assignment, and the award being recommended for upgrading.  A narrative of the actions or period for which he is requesting recognition must accompany the DA Form 638.  In addition, the request should be supported by sworn affidavits, eyewitness statements, certificates and related documents.  Corroborating evidence is best provided by commanders, leaders, and fellow Soldiers who had personal (i.e., eyewitness) knowledge of the circumstances and events relative to the request.  

	b.  Title 10 USC, 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, an applicant must submit the request through a Member of Congress to the Secretary of the Army at the following agency: U.S. Army Human Resources Command (USAHRC), ATTN: SGS, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. 

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal, Army Commendation Medal with "V" Device, Purple Heart, and the Bronze Star Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

3.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  With respect to the Bronze Star Medal with "V" Device, his record clearly shows he was awarded the Army Commendation Medal with "V" Device for his heroism in action on 6 February 1968.  The decision of whether to award an individual a decoration and which decoration to award is a judgment call made by the commander having award approval authority.  Apparently a decision was made to award him the Army Commendation Medal with "V" Device; there is no indication this was awarded in error.  However, if the applicant chooses to pursue the Bronze Star Medal with "V" Device he can submit a request for an upgrade of his Army Commendation Medal with "V" Device under the provisions of 10 USC 1130.  In view of the foregoing, he is not entitled to the requested relief.

6.  The applicant and all others should know that this action in no way diminishes the sacrifices he made in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms and his heroism in action.

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 from item 24 of his DD Form 214 the Vietnam Service Medal
* Adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Army Commendation Medal with "V" Device
* Purple Heart
* Bronze Star Medal
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 correction of his DD Form 214 to show the Bronze Star Medal with "V" Device.  



      _______ _   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)                                         AR20110006626





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