IN THE CASE OF:	  

		BOARD DATE:  22 February 2012

		DOCKET NUMBER:  AR20110016070 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded:

* Three awards of the Bronze Star Medal (BSM w/two oak leaf clusters (OLC))
* Three awards of the Purple Heart (Purple Heart w/two OLCs)
* Army Commendation Medal
* Vietnam Service Medal with two bronze service stars
* Combat Action Badge (CAB)
* Expert Marksmanship Badge with rifle, pistol and grenade launcher bars
* Three Overseas Bars

2.  The applicant states, in effect, that while in Vietnam he was sent in to explore a tunnel and make a report on his findings.  He encountered enemy Soldiers in the tunnel and got into a fire fight but was stuck in the back by a punji stick before he got out. When he got out and reported to the officer in charge he was told that he would receive the BSM and Purple Heart; however, he never did.  He continues by stating that the officer told him that he would get a Silver Star if they found dead in the tunnel and he later heard that six dead enemy Soldiers were found in the tunnel, but he never got a Silver Star.  He goes on to state that when he returned from Rest and Recuperation (R&R) leave he was asked if he could 


fire a .50 caliber machinegun and was told that he would get an Army Commendation Medal if he signed up to be a helicopter gunner.  After several days as a gunner his helicopter was hit by ground fire and he was hit by metal spun off by bullets holes in the helicopter and was sent back to Pleiku.  As he was leaving he was told that he would be receiving the BSM, the ARCOM and the Purple Heart, he never did.  Additionally, he was told that he would receive the CAB and never did.  He concludes by stating that when he left Fort Hood, Texas he was awarded the Army Good Conduct Medal but it was not included on his DD Form 214.

3.  The applicant provides a three-page letter explaining his application, a copy of his DD Form 214, a copy of his enlisted qualification record (DA Form 20) and a copy of his Individual Training Record.

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 in New Orleans, Louisiana on 6 June 1966 for a period of 3 years and training as an Engineer Equipment Repairman. 

3.  He completed his basic training at Fort Polk, Louisiana and his advanced individual training at Fort Belvoir, Virginia  before being transferred to France on 17 November 1966.  On 28 January 1967 he was transferred to Germany and on 10 August 1967 he was transferred to Vietnam for assignment to Company B, 70th Engineer Battalion.

4.  On 12 February 1968 he received a superficial shrapnel wound to the right shoulder during an evening mortar attack on his position and was awarded the Purple Heart in General Orders Number 231 issued by Headquarters, 18th Engineer Battalion on 26 March 1968.

5.  After participating in four campaigns, he departed Vietnam on 9 August 1968 and was transferred to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 5 June 1969 due to the expiration of his term of service.  He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Vietnam Service Medal with two bronze service stars, the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Purple Heart, and the Expert Marksmanship Badge with rifle bar.

6.  On 23 September 1970, The Office of the Adjutant General authorized the issuance of a Good Conduct Medal set to the applicant.

7.  On 19 July 2011 a DD Form 215 (Correction to DD Form 214) was issued by officials at the Human Resources Command at Fort Knox, Kentucky which deleted his award of the VSM with two bronze service stars and added the awards of the VSM with four bronze service stars and the Meritorious Unit Commendation.

8.  A review of the applicant’s official records and a search 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 awarding the applicant additional awards of the Purple Heart, awards of the BSM, ARCOM and CAB.  There is also no evidence to show that he sustained any or was treated for any additional wounds that would qualify for additional awards of the Purple Heart.

9.  His records do show that he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

10.  His records also show that he qualified as expert with the M14 rifle and he only familiarized with the pistol and the grenade launcher, which do not qualify as a qualification.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 672-5-1 (Decorations and 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 the 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.

13.  Army Regulation 600-8-22 (Military Awards) 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 n 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.  Army Regulation 600-8-22 (Military Awards) 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.

15.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  

16.  Army Regulation 600-8-22 (Military Awards) sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Familiarization with weapons does not qualify for award of a marksmanship badge.

17.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  Overseas Service Bars are not decorations or awards and are not authorized for entry on the DD Form 214.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's assignment his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records are void of any derogatory information that would serve to disqualify him for award of the AGCM.  Therefore, since he has already been issued the GCMDL set, the award of the AGCM should be added to his DD Form 214.

2.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he served with the unit and that award should be added to his DD Form 214 at this time. 

3.  The evidence of record does not contain and the applicant has not provided any evidence to show that he is entitled to two awards of the BSM, two additional awards of the Purple Heart and one award of the ARCOM.  Therefore, in the absence of such evidence there appears to be no basis to add those awards to his DD Form 214 at this time.



4.  The applicant has also failed to show through the evidence of record and evidence submitted with his application that he qualified with the pistol and grenade launcher.  Accordingly, there is no basis to add qualifications for those weapons to his DD Form 214.

5.  The applicant’s contention that he was told he would be awarded the CAB had been noted and found to lack merit.  The CAB did not exist at the time he served and was not authorized until 8 September 2001.  The CAB was not authorized for retroactive award and thus he is not entitled to that award.

6.  Additionally, the applicant’s request to have his three overseas bars added to his DD Form 214 has been noted and found to lack merit.  Overseas Bars are not decorations or awards and are not authorized for entry on the DD Form 214.  

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 adding the awards of the AGCM and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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 awards of the BSM w/1OLC, Purple Heart w/2OLCs, ARCOM, CAB, Expert Marksmanship Badge with pistol and grenade launcher bars and Overseas Service Bars to his DD Form 214.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the 


United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.
      
      
      
      _______ _   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)                                         AR20110016070





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ABCMR Record of Proceedings (cont)                                         AR20110016070



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