IN THE CASE OF:	  

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110012283 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 20 February 1969, to show he was awarded the Bronze Star Medal and the Purple Heart.

2.  The applicant states the above awards were overlooked by the person who entered the data on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Bronze Star Medal Certificate, dated 10 September 1968
* Clinical Record Cover Sheet, dated 4 December 1967

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 was inducted into the Army of the United States on 21 February 1967.  He completed training as a light weapons infantryman.  

3.  Special Orders Number 148 were published on 9 June 1967 awarding the applicant the Sharpshooter Marksmanship Qualification Badge (Machine Gun 
M-60), effective 25 May 1967.

4.  The applicant arrived in Vietnam on 14 August 1967 and he was assigned to Company D, 1st Battalion, 8th Infantry, 4th Infantry Division.  On 6 May 1968, he was assigned to Company A, 1st Battalion, 28th Infantry, 1st Infantry Division.  He participated in the following campaigns:

* Vietnam Counteroffensive, Phase III Campaign, which extended from 1 June 1967 through 29 January 1968
* Tet Counteroffensive Campaign, which extended from 30 January through 1 April 1968
* Vietnam Counteroffensive, Phase IV Campaign, which extended from 2 April through 30 June 1968
* Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968

5.  General Orders Number 8853 were published on 22 August 1968 awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 10 May 1968.

6.  The applicant departed Vietnam en-route to the U.S. on 10 August 1968.  He was honorably released from active duty at the expiration of his term of service on 20 February 1969.  The DD Form 214 he received shows the following awards:

* National Defense Service Medal
* Good Conduct Medal (First Award)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge (Rifle M-16)
* Vietnam Service Medal
* Vietnam Campaign Medal
* one Overseas Service Bar


7.  The applicant provides a copy of his Bronze Star Medal Certificate showing he was awarded the Bronze Star Medal.  He also submits a Clinical Record Cover Sheet showing he was treated at the 71st Evacuation Hospital for multiple laceration wounds to his legs and right arm, which were caused by a hostile forces mine on 4 December 1967.  The Clinical Record Cover Sheets states he was awarded the Purple Heart, while he was hospitalized, in General Orders Number 71, dated 5 December 1967.

8.  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 the orders awarding him the Purple Heart.

9.  The applicant's name is shown on the Vietnam Casualty Listing as a battle casualty.  The date of casualty is shown as 4 December 1967.

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

11.  Army Regulation 600-8-22 also states that a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows 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 24 August 1969 to 31 December 1969, and 31 March 1970 to 30 June 1970 by Department of the Army General Order Number 42, dated 1072.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.



2.  The available evidence shows he was awarded the Bronze Star Medal in General Orders Number 8853, dated 22 August 1968.  His DD Form 214 should be corrected to show this medal. 

3.  Although the orders are not contained in ADCARS, he was also awarded the Purple Heart in General Orders Number 71, dated 5 December 1967.  His 
DD Form 214 should be amended to show this award.

4.  His DD Form 214 should also be amended to show he is authorized the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge (Machine Gun M-60)
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214, dated 20 February 1969, to show he is authorized the following awards:

* Bronze Star Medal
* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation






* Sharpshooter Marksmanship Qualification Badge (Machine Gun M-60)
* four bronze service stars to be affixed to his already-awarded Vietnam Service 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)                                         AR20110012283



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ABCMR Record of Proceedings (cont)                                         AR20110012283



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