BOARD DATE:	29 November 2011

		DOCKET NUMBER:  AR20110011881


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 awards of the Purple Heart and Bronze Star Medals, and his correct foreign service.

2.  The applicant states he received the Purple Heart and Bronze Star Medal in the Republic of Vietnam, but neither award is shown on his DD Form 214.

3.  The applicant provides no additional evidence.

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 30 November 1964.  He completed training and was awarded military occupational specialty 31M (Radio Relay and Carrier Attendant).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served overseas on 5 occasions.

   a. in Germany, from on or about 6 May 1965 to on or about 29 September 1966;

   b. in the Republic of Vietnam, from on or about 25 October 1966 to on or about 13 October 1967, during which time he was assigned to the 278th Signal Company (25 October 1966 to 25 May 1967) and Company D, 43rd Signal Battalion (26 May 1967 to 13 October 1967);

   c. in Germany, from on or about 11 April 1968 to on or about 11 December 1968;

   d. in the Republic of Vietnam, from on or about 24 January 1969 to on or about 23 January 1970, during which time he was assigned to Company A, 43rd Signal Battalion; and 

   e. in the Republic of Vietnam, from on or about 15 July 1970 to on or about 10 July 1971, during which time he was assigned to Company A, 501st Signal Battalion (Airmobile).

4.  His record contains numerous separation documents; however, none indicate he was previously awarded the Purple Heart or Bronze Star Medal.

   a. DD Form 214, covering the period 30 November 1964 through 14 October 1967, which shows he was awarded the National Defense Service Medal (NDSM), Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 22c (Foreign and/or Sea Service) shows he was credited with 2 years, 4 months, and 12 days of foreign service in the U.S. Army Pacific (USARPAC) Theater.  Item 30 (Remarks) contains no further entries relevant to foreign service.

   b. DD Form 214, covering the period 29 March 1968 through 29 November 1968, which shows he was awarded the NDSM, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 22c shows he was credited with 3 years, 1 months, and 19 days of foreign service; the Theater in which the foreign service was performed is not annotated.  Item 30 contains the entry "Item 22c: 18 Germany 12 Vietnam 8 Germany." 

   c. DD Form 214, covering the period 30 November 1968 through 13 May 1970, which shows he was awarded the NDSM, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  Item 22c shows he was credited with 1 year and 12 days of foreign service in the U.S. Army Vietnam (USARV) Theater.  Item 30 contains the entry "USARV Tour: 24 January 1969 – 23 January 1970."

   d. DD Form 214, covering the period "13" May 1970 through 14 December 1971, which shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 22c contains the entry "USARPAC – See Item #30."  Item 30 contains the entry "22c – Cannot verify foreign service from available official documents."

5.  His available record does not contain orders for the Purple Heart, nor does his name appear on the Vietnam casualty roster.  Additionally, his available record does not contain any medical documents pertaining to the treatment of any wounds or injuries sustained during his service in Vietnam.  Item 40 (Wounds) of his DA Form 20 is void of any entries.  

6.  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 orders for the Purple Heart or the Bronze Star Medal.

7.  Army Regulation 600-8-22 (Military Awards) states 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 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.  

8.  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).

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  It stated that item 22c would show the total active service performed outside the continental limits of the United States, for the period covered by the DD Form 214 (emphasis added), and the last overseas theater in which the service was performed, e.g. USAREUR [U.S. Army Europe], USARPAC, etc.  It further stated that item 30 was used for Department of the Army mandatory requirements, when a separate block was not available, and as a continuation entry.

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

11.  The applicant's available record does not show he was awarded the Army Good Conduct Medal (AGCM); however, the available record is likewise void of a commander's disqualification for the award.  Item 38 (Record of Assignments) of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings throughout his initial term of enlistment.  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).  

12.  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. 

13.  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.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following eight campaigns:
* Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969)
* Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969)
* Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971)
* Consolidation I (1 July 1971 – 30 November 1971)

14.  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 278th Signal Company, to which the applicant was assigned, was cited for the:

* Meritorious Unit Commendation, for the period 23 August 1966 through  25 May 1967, by Department of the Army General Order (DAGO) Number 42, dated 1969
* Meritorious Unit Commendation, for the period 28 May 1967 through      31 May 1968 by DAGO Number 73, 1968

15.  Department of the Army Pamphlet 672-3 further shows that Company A, 43rd Signal Battalion, to which the applicant was assigned, was cited for the Meritorious Unit Commendation, for the period 1 June 1968 through 28 February 1970, by DAGO Number 24, dated 1972.

16.  Department of the Army Pamphlet 672-3 further shows that Company A, 501st Signal Battalion (Airmobile), to which the applicant was assigned, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 March 1971 through 9 October 1971, by DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his award of the Purple Heart and the Bronze Star Medals was carefully considered; however, the evidence of record does not support his request.

2.  Neither his available records, nor the Vietnam casualty roster, provide any evidence he was wounded in Vietnam, that those wounds were the result of hostile action that required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.  Therefore, there is insufficient evidence to correct his DD Form 214 to show the Purple Heart.
 
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.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal), formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his DD Form 214 to show the Bronze Star Medal. 

4.  The evidence of record shows the applicant's third tour in the Republic of Vietnam is not properly documented on his separation DD Form 214 for the period ending 14 December 1971; therefore, it would be appropriate to correct his DD Form 214 to show this foreign service.

5.  His initial period of active service was from 30 November 1964 through        14 October 1967.  He received "excellent" conduct and efficiency ratings throughout this period of service.  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.

6.  The evidence of record shows he participated in eight campaigns during his service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show 1 silver service star and 3 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

7.  General orders awarded his units of assignment in Vietnam three awards of the Meritorious Unit Commendation and a single award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service with these units; 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 Army Good Conduct Medal (First Award) for the period 30 November 1964 through 14 October 1967; and

   b. amending item 22c of his DD Form 214, for the period ending                  14 December 1971, by deleting the entry "See #30" and by adding the entry 
 "00-11-26" to show he completed 11 months and 26 days of foreign service in the USARPAC Theater; and

   c. amending item 24 of his DD Form 214, for the period ending 14 December 1971, by deleting all previously documented awards and adding the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 1 silver service star and 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation (3rd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

   d. amending item 30 of his DD Form 214, for the period ending 14 December 1971, by deleting the entry "22c – Cannot verify foreign service from available official documents," and by adding the entry "Service in the Republic of Vietnam from 19700715 – 19710710."

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 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)                                         AR20110011881



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