IN THE CASE OF:	  

		BOARD DATE:	    10 January 2012

		DOCKET NUMBER:  AR20110012285 


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
* two Bronze Star Medals, one for heroism
* Army Commendation Medal

2.  The applicant states there was an administrative error and the medals were not listed on his DD Form 214.  He desires this correction in order to receive benefits from the Department of Veterans Affairs.

3.  The applicant provides:

* Purple Heart Certificate
* two Bronze Star Medal Certificates
* Army Commendation Medal Certificate
* DD Form 214
* Honorable Discharge 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 was inducted in the Army of the United States on 13 June 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).   The highest rank/grade he attained while on active duty was sergeant/E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

   a. Item 31 (Foreign Service) the Republic of Vietnam during the period 
6 December 1968 through 15 May 1969.

   b.  Item 38 (Record of Assignments) that during his tour of duty in the Republic of Vietnam he:

      (1) served as a Rifleman in Company D, 3rd Battalion (Airmobile), 506th Infantry from 16 December 1968 to 1 January 1969;
      
      (2) served as a Rifleman and Machine Gunner in Company A, 3rd Battalion (Airmobile), 187th Infantry from 2 January 1969 through 14 May 1969; and

      (3) was carried in a "Patient" status from 18 May 1969 to 30 July 1969.

   c. Item 40 (Wounds) "FWD to Right Leg and Lower Back" (fragment wound to right leg and lower back) on 15 May 1969.

   d. Item 41 (Awards and Decorations) he was awarded the following:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960) 
* Army Good Conduct Medal
* Marksman Qualification Badge (M-14)
 
4.  His record contains the following documents which all show he sustained fragment wounds to his back, buttocks, and right thigh as a result of hostile action on 15 May 1969:

	a.  a casualty message, dated 18 May 1969; and

	b.  a Western Union Telefax addressed to his parents, dated 18 May 1969.

5.  The applicant was honorably released from active duty on 12 June 1970 and transferred to the U.S. Army Reserve Control Group for annual training.  He completed 2 years of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badges (M-16) and (M-14)
* First Class Gunner Badge (M-60)

6.  The Vietnam Casualty Roster shows he sustained wounds as a result of hostile fire on 15 May 1969.

7.  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 shows the following:

* Headquarters, 101st Airborne Division Orders Number 6052, dated 
30 May 1969, awarded him the Purple Heart
* Headquarters, 101st Airborne Division Orders Number 11449, dated 
30 August 1969, awarded him the Bronze Star Medal for service

8.  A review of ADCARS failed to reveal orders awarding him a second Bronze Star Medal or the Army Commendation Medal.

9.  A review of the applicant's record shows he is entitled to additional awards and decorations.

10.  Special Orders Number 162, dated 22 September 1969, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge for the M-16 Rifle.
11.  The applicant provides a copy of his DD Form 214, honorable discharge certificate, and certificates awarding him the Purple Heart, two Bronze Star Medals one for heroism, and the Army Commendation Medal for heroism.   

12.  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.

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 in 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.  

14.  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.  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).

15.  Army Regulation 600-8-22 states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

16.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal. 
Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in two campaigns:  Vietnam Counteroffensive Phase VI and the Tet Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The units to which the applicant was assigned while serving in the Republic of Vietnam was cited for the following:

* Presidential Unit Citation, 10 through 21 May 1969, Department of the Army General Orders (DAGO) 16, 1972
* Valorous Unit Award, 17 April through 7 May 1969, DAGO 2, 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 43, 1970
* Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation, 3 October 1968 through 2 May 1970, DAGO 48, 1971

18.  Army Regulation 600-8-22 states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the following was carefully considered and determined to have partial merit:

* Purple Heart
* two Bronze Star Medals, one for heroism
* Army Commendation Medal

2.  General and special orders awarded him the following:

* Purple Heart
* Bronze Star Medal for service
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge (M-16)
 
Therefore, he is entitled to have his DD Form 214 corrected to show these awards.

3.  Evidence of record shows he was serving in an infantry MOS while assigned to an infantry unit of brigade, regimental, or smaller size while serving in the Republic of Vietnam.  He was also wounded as a result of hostile action as indicated on the Vietnam Casualty Roster.  Therefore, there is sufficient evidence upon which to award him the Combat Infantryman Badge.

4.  Records show he participated in two campaign phases while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  Although the applicant provided a certificate awarding him the Bronze Star Medal for heroism in ground combat in the Republic of Vietnam on 15 February 1969, his record is void of any orders or other documents indicating he was recommended for or awarded the Bronze Star Medal by proper authority.  In addition, the certificate shows he was a private first class; however, his DA Form 20 shows that at the time he was serving in the grade of specialist four.  Therefore, there is insufficient evidence upon which to correct his DD Form 214 to show award of this Bronze Star Medal.

6.  Although the applicant provided a certificate awarding him the Army Commendation Medal for heroism in the Republic of Vietnam on 27 March 1969, his record is void of any orders or other documents indicating he was recommended for or awarded the Army Commendation Medal by proper authority.  Therefore, there is insufficient evidence upon which to correct his DD Form 214 to show award of the Army Commendation Medal.

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 Combat Infantryman Badge;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

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

* Purple Heart
* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge (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 a second Bronze Star Medal and Army Commendation 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)                                         AR20110012285



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ABCMR Record of Proceedings (cont)                                         AR20110012285



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