IN THE CASE OF:	  

		BOARD DATE:	  6 December 2011

		DOCKET NUMBER:  AR20110011588 


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, Bronze Star Medal with “V” Device, Air Medal (4th Oak Leaf Cluster), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he has been paying substantial out-of-pocket money to receive Department of Veterans Affairs (DVA) benefits as a category 6 veteran.  He states he should be entitled to priority group 3 standing.

3.  The applicant provides:

* His DD Form 214
* Two Air Medal certificates
* An Air Medal citation
* A Purple Heart certificate
* A Bronze Star Medal certificate

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 enlisted in the Regular Army on 17 March 1964 for a period of
3 years.  He completed training and he was awarded military occupational specialty 71H (Personnel Specialist).  He was assigned to the
15th Administration Company, 1st Cavalry Division in Vietnam from 30 November 1965 to 17 December 1966.  The highest rank/grade he attained during his period of service was specialist five (SP5)/E-5.

3.  On 19 December 1966, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (106 R)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) contains the entry “None.”

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

   a.  Item 40 (Wounds) no entry (blank).

	b.  Item 41 (Awards and Decorations) no entry for the Purple Heart, Bronze Star Medal with “V” Device, or any Air Medals.


6.  The applicant provides a copy of a Purple Heart certificate for wounds received in action on 21 May 1966 in the Republic of Vietnam; however, there is no evidence in the available record showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  There are no orders awarding him the Purple Heart and his name does not appear on the Vietnam casualty listing.

7.  General Orders Number 2723, issued by Headquarters, 1st Cavalry Division (Airmobile), as amended by General Orders Number 4116, issued by the same headquarters, dated 16 December 1966, awarded the applicant the Bronze Star Medal for meritorious achievement during the period 1 December 1965 to
17 December 1966, which corresponds with the Bronze Star Medal certificate he provided.  However, his record is void of documentation showing he was awarded the Bronze Star Medal with “V” Device.

8.  General Orders Number 219, issued by the same headquarters, dated
20 January 1967, awarded the applicant the Air Medal for the period
28 September 1966 to 27 October 1966.

9.  The applicant provides a copy of an Air Medal certificate and citation which indicates he was awarded the Air Medal (1st through 4th Oak Leaf Cluster) for the period 10 January 1966 through 21 October 1966; however, Item 41 of his DA Form 20 does not reflect award of the Air Medal nor do his records contain official orders awarding him additional Air Medals.

10.  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 orders for the Purple Heart, Bronze Star Medal with “V” Device, or any Air Medals pertaining to the applicant.

11.  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 15th Administration Company, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order Number 59, dated 1969.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of 


hostile action.  Substantiating evidence must be provided to verify 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.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

14.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  Army Regulation 600-8-22, 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 following three campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

DISCUSSION AND CONCLUSIONS:

1.  Orders show his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this award.

2.  The certificate he submitted which shows award of the Purple Heart is noted; however, there is no evidence of record or orders in ADCARS awarding him the Purple Heart.  There is also no evidence showing he was wounded as a result of hostile action by the enemy and his name does not appear on the Vietnam casualty listing.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

3.  There is no evidence of record that shows he was recommended for award of the Bronze Star Medal with “V” Device, that an appropriate authority approved such recommendation, or that this award was announced in orders.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

4.  With regard to additional awards of the Air Medal, although he provides a certificate that indicates he was awarded additional awards of the Air Medal, there are no orders awarding him any additional Air Medals.  The governing regulation requires a formal recommendation, approval through the chain of command, and announcement in orders for award of the Air Medal.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

5.  The applicant participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  The applicant and all others concerned should know that 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.

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.  deleting from item 26 of his DD Form 214 the Vietnam Service Medal, and


	b.  adding to item 26 of his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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 adding to his DD Form 214 the Purple Heart, Bronze Star Medal with “V” Device, and additional Air Medals.



      ___________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)                                         AR20110011588



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ABCMR Record of Proceedings (cont)                                         AR20110011588



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