IN THE CASE OF:	 

		BOARD DATE:	    22 November 2011

		DOCKET NUMBER:  AR20110011192


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 two awards of the Purple Heart and a single award of the Bronze Star Medal for meritorious service in the Republic of Vietnam.

2.  The applicant states he received gunshot wounds on 3 November 1967 and fragmentary wounds from a mortar attack on or about 26 March 1968.  He states he was not awarded the above awards prior to departing Vietnam.  He further states he served his country honorably and he received a battlefield promotion to sergeant on or about 15 November 1967.  He concludes by stating he received the Army Commendation Medal with "V" Device for his actions during the Tet Counteroffensive in 1968.

3.  The applicant provides:

* Standard Form (SF) 600 (Chronological Record of Medical Care) with entries dated 3, 8, 10, and 17 November 1967
* SF 539 (Abbreviated Clinical Record), dated 3 November 1967
* SF 600 (Reverse Side), dated 26 and 28 March 1968
* Third-party letter of support from Sergeant Major (SGM)(Retired) Axxxxx M. Cxxxxxxx

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 records show he was inducted into the Army of the United States on 28 July 1966.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 29 April 1967 to 26 April 1968.  During his service in Vietnam he was assigned to:

* Company D, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division (Airmobile), from on or about 30 April 1967 to 20 March 1968
* 15th Administration Company, 1st Cavalry Division (Airmobile), from on or about 21 March to 26 April 1968

4.  On 27 April 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year and 9 months of active service, this includes 11 months and 28 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* Air Medal
* Combat Infantryman Badge 
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 Overseas Service Bars

5.  There is no documentation in the available records to indicate he was previously awarded the Purple Heart or the Bronze Star Medal. 

6.  The applicant's name does not appear on the Vietnam casualty roster.

7.  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 Purple Heart or the Bronze Star Medal.

8.  He provides:

   a.  An SF 600 which shows he was treated on 3 November 1967 for a gunshot wound to the right knee and right lower leg.  His treatment notes from
3 November 1967 begin with the acronym "IRHA" meaning his injury resulted from hostile action.  Additionally, this form shows he was evacuated to the 
"25th Med" and he was returned to duty on 10 November 1967. 

   b.  A second SF 600 shows he was treated on 26 March and 28 March 1968 for wounds to his left foot and both knees; however, the cause of his wounds is not stated.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

10.  U. S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.  However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional).


11.  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.  

12.  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.

13.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

14.  General Orders Number 11385, Headquarters, 1st Cavalry Division (Airmobile), dated 27 August 1968, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam, on 12 February 1968.  

15.  Special Orders Number 231, Headquarters, 2nd Brigade (Advanced Individual Training (AIT)), Fort Ord, CA, dated 18 November 1966, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

16.  Special Orders Number 49, Headquarters, 2nd Brigade (AIT), Fort Ord, CA, dated 20 March 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

17.  The available evidence does not show the applicant was awarded the Army Good Conduct Medal (AGCM); however, there is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  


18.  Item 38 (Record of Assignments) of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  

19.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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 and could not have any court-martial convictions. 

20.  A Headquarters, U.S. Army Vietnam letter, dated 24 September 1968, shows the applicant was authorized to accept and wear the Gallantry Cross with Bronze Star which was presented to him by the Government of the Republic of Vietnam.  

21.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

22.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal and 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 II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)

23.  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 5th Battalion, 7th Cavalry Regiment,           1st Cavalry Division (Airmobile), to which the applicant was assigned, was cited for the:

* Valorous Unit Award, for the period 1 through 31 October 1967, by Department of the Army General Order (DAGO) Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 through 19 May 1969, by DAGO Number 59, dated 1969
24.  Department of the Army Pamphlet 672-3 further shows the 15th Administration Company, 1st Cavalry Division (Airmobile), to which the applicant was assigned, was cited for the:

* Meritorious Unit Commendation, for the period 1 October 1967 through 30 June 1969, by DAGO Number 51, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 through 19 May 1969, by DAGO Number 59, dated 1969

25.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for two awards of the Purple Heart and a single award of the Bronze Star Medal for meritorious service in the Republic of Vietnam was carefully considered and was found to have partial merit.

2.  The evidence of record shows the applicant was wounded as a result of hostile action, received medical treatment for his wounds on 3 November 1967, and the treatment was made part of his official record.  However, the evidence of record does not prove his wounds of 26 – 28 March 1968 resulted from hostile action with the enemy.  Therefore, he is entitled to a single award of the Purple Heart, for wounds received on 3 November 1967, and to correction of his DD Form 214 to show this award.

3.  With respect to the Bronze Star Medal, the available record is void of any evidence indicating he was previously recommended for or awarded the Bronze Star Medal.

4.  Nevertheless, while the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

5.  General orders awarded him the Army Commendation Medal with "V" Device, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.
6.  Special orders awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

7.  He served on active duty from 28 July 1966 through 27 April 1968.  He received "excellent" conduct and efficiency ratings throughout his service and he was awarded multiple combat awards.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award), and correction of his DD Form 214 to show this award.

8.  Official correspondence shows he was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star, which was presented to him by the Government of the Republic of Vietnam as an individual award.  Accordingly, he is entitled to correction of his DD Form 214 to show this foreign award.

9.  The evidence of record shows he served a qualifying period of honorable active service for award of the Vietnam Service Medal, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.  Additionally, records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

10.  General orders awarded his units of assignment in Vietnam the Valorous Unit Award, Meritorious Unit Commendation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not shown on his 
DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 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 the evidence presented is 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 sustained as a result of hostile action on 3 November 1967;

   b.  awarding him the Army Good Conduct Medal (First Award), for the period 28 July 1966 through 27 April 1968; and
   
   c.  amending item 24 of his DD Form 214 by deleting all previously documented awards and adding the:

* Purple Heart
* Air Medal
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge 
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Valorous Unit Award
* Meritorious Unit Commendation
* 2 Overseas Service Bars

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 a second award of the Purple Heart and award of the Bronze Star Medal.  



      _______ _   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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110011192




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