IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110010373 


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 award of the following:

* Purple Heart with 1 Oak Leaf Cluster [indicating 2nd Award]
* Bronze Star Medal with "V" Device and 8th Oak Leaf Cluster [indicating 9th Award]
* Any additional awards and decorations to which he is entitled

2.  The applicant states he participated in about 60 firefights and was wounded multiple times while serving in the Republic of Vietnam (RVN).  He received the Purple Heart for an injury he sustained to his right eye.  Subsequently, he received a wound to his left shoulder and was awarded a second Purple Heart.  He further states that he was awarded the Bronze Star Medal with "V" Device for valor with 8 Oak Leaf Clusters.  He contends that a letter he received from the National Personnel Records Center (NPRC), Military Personnel Records, St. Louis, MO totally misidentifies the medals that should be in his record.

3.  He provides:

* Headquarters, 25th Infantry Division, General Orders Number 9084, dated 24 December 1968, which awarded him the Purple Heart
* Headquarters, 25th Infantry Division, General Orders Number 2484, dated 2 March 1969, which awarded him the Bronze Star Medal with "V" Device
* 
25th Infantry Division Citation showing he was awarded the Bronze Star Medal with 2nd Oak Leaf Cluster
* a letter from the NPRC, dated 14 March 2011

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 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.  His record shows he was inducted into the Army of the United States on 27 May 1968.  On 26 May 1970, he was released from active duty (REFRAD) and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.  At the time of his REFRAD he had served 2 years of total active service.  The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  His Military Personnel Records Jacket contains the following orders:

	a.  Headquarters, 1st Basic Combat Training Brigade, U.S. Army Training Center, Special Orders Number 132, dated 16 July 1968, which awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14);

	b.  Headquarters, 2nd Advanced Individual Training Brigade, U.S. Army Training Center, Special Orders Number 189, dated 13 September 1968, which awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16);

	c.  Headquarters, 25th Infantry Division, General Orders Number 9084, dated 24 December 1968, which awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 22 December 1968;

	d.  Headquarters, 25th Infantry Division, Special Orders Number 16, dated 16 January 1969, which awarded him the Combat Infantryman Badge (1st Award);

	e.  Headquarters, 25th Infantry Division, General Orders Number 2484, dated 2 March 1969, which awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 26 January 1969;

	f.  Headquarters, 25th Infantry Division, General Orders Number 8430, dated 28 June 1969, which awarded him the Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster [indicating his 2nd award of the Bronze Star Medal] for heroism in connection with military operations against a hostile force in the RVN on 5 June 1969; and

	g.  Headquarters, 25th Infantry Division, General Orders Number 9969, dated 2 August 1969, which awarded him the Bronze Star Medal with "V" Device and 2nd Oak Leaf Cluster [indicating his 3rd award of the Bronze Star Medal] for meritorious service in connection with military operations against a hostile force in the RVN from 1968 to 1969.  The accompanying citation shows the period covered by the award was October 1968 to October 1969.

4.  His DA Form 20 (Enlisted Qualification Record) shows the following pertinent information:

	a.  Item 22 (Military Occupational Specialties (MOS) shows he was awarded MOS 11B (Light Weapons Infantryman) on 4 October 1968.

	b.  Item 31 (Foreign Service) shows he served in the RVN from 25 October 1968 to 24 October 1969.

	c.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he served as an 11B performing duty as a Radio Telephone Operator in Company C, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division from 2 November 1968 to 22 October 1969.  Item 38 also shows he received conduct and efficiency ratings of "Excellent" for all of his duty assignments.

	d.  Item 40 (Wounds) shows he sustained a fragmentation wound to his right eye on 22 December 1968.

	e.  Item 41 (Awards and Decorations) shows award or authorization for the:

* Purple Heart
* Bronze Star Medal with "V" Device and 2nd Oak Leaf Cluster
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

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

* Purple Heart
* Bronze Star Medal with "V" Device
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* RVN Campaign Medal with Device (1960)

6.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing that he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action on any date other than 22 December 1968.

7.  His name does not appear on the Republic of Vietnam casualty roster.

8.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing that he was ever awarded or recommended for award of any Purple Hearts or Bronze Star Medals in addition to those mentioned in the preceding paragraphs.

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 U.S. Army Human Resources Command, failed to reveal any additional orders for the Bronze Star Medal or a second the Purple Heart.

10.  A review of his service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal during the period 27 May 1968 through 26 May 1970.  There are also no entries in his record to indicate that his commanders denied him award of the Army Good Conduct Medal during this period of service.



11.  The applicant provides a letter sent to him from an Archives Technician at the NPRC on 14 March 2011 in response to a request from the applicant.  The Archives Technician informed him no record was found to show that he was authorized "the Purple Heart W/ 10 Bronze Stars."

12.  Army Regulation 600-8-22 (Military Awards) provides that 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.

13.  Army Regulation 600-8-22 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.  An oak leaf cluster is authorized for wear for each additional award of the Bronze Star Medal.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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 following four campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (2 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)

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:

* Presidential Unit Citation for the period 24 to 26 April 1969 by Department of the Army General Order (DAGO) Number 14, dated 1973
* RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 to 21 January 1970 by DAGO Number 51, dated 1971

16.  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 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.

17.  Title 10 of the U.S. Code, section 1130 (10 USC 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.  The applicant's contentions that his record should be corrected to show he was awarded an additional Purple Heart, 9 awards of the Bronze Star Medal, and any additional awards and decorations to which he is entitled were carefully considered and determined to have partial merit.

2.  Evidence clearly shows he sustained an injury to his right eye as a result of hostile action while serving in the RVN on 22 December 1968.  Accordingly, he was awarded the Purple Heart on General Orders Number 9084, dated 24 December 1968.

3.  The applicant's available record is void of any orders or other documents indicating he was recommended for or awarded an additional Purple Heart by proper authority while serving on active duty.  Additionally, there is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained any additional injuries as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.  Accordingly, there is insufficient evidence to award him an additional Purple Heart.

4.  Evidence clearly shows the applicant was awarded the Bronze Star Medal with "V" Device and 2nd Oak Leaf Cluster on the following General Orders:  2484, dated 2 March 1969; 8430, dated 28 June 1969; and 9969, dated 2 August 1969.  There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he was awarded or recommended for award of any additional Bronze Star Medals by proper authority while serving on active duty.  Accordingly, there is insufficient evidence to award him any additional Bronze Star Medals.

5.  While the available evidence is insufficient for awarding the applicant an additional Bronze Star Medals, this in no way affects his right to pursue his claim for additional Bronze Star Medals by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

6.  Records show the applicant participated in four campaigns while serving in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

7.  DAGOs awarded his Vietnam unit the Presidential Unit Citation, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation for actions during his tenure.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

8.  The evidence of record confirms he served honorably on active duty during the period 27 May 1968 through 26 May 1970.  His record is void of any evidence that shows he had lost time or that he received nonjudicial punishment or court-martial action during that period of service.  There is no evidence of a suspension of favorable personnel actions or that his commander denied him award of the Army Good Conduct Medal for this period of service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal for the period 27 May 1968 through 26 May 1970 and to correct his DD Form 214 to show this award.

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 Army Good Conduct Medal (1st Award) for the period 27 May 1968 through 26 May 1970;

	b.  deleting from item 24 of his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Vietnam Service Medal with 2 bronze service stars

	c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal with "V" Device and 2nd Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

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 an additional Purple Heart and 6 additional Bronze Star Medals.

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20110010373





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ABCMR Record of Proceedings (cont)                                         AR20110010373



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