IN THE CASE OF:

		BOARD DATE: 22 February 2012

		DOCKET NUMBER:  AR20110017855
 

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 award of the Purple Heart and Bronze Star Medal.

2.  The applicant states that the Purple Heart and Bronze Star Medal are not listed on his DD Form 214.

3.  The applicant provides copies of:

* Purple Heart general orders
* Bronze Star Medal certificate and  citation 
* DD Form 214

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 on 21 August 1968.  He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

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

	a.  item 38 (Record of Assignments) that he was assigned in Vietnam to Company B, 5th Battalion, 46th Infantry, 198th Infantry Brigade from 6 January 1970 until 26 May 1970.  He received all "excellent" conduct and efficiency ratings; and

	b.  item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal, Combat Infantryman Badge, and two oversea service bars.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 31 May 1970, as a sergeant/E-5.  He had completed 1 year, 9 months, and 11 days of total active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and one overseas service bar. 

6.  His records contain an SF 88 (Report of Medical Examination) dated 31 May 1970, which shows in item 74 (Summary of Defects and Diagnoses) - item 35 MFW [metal fragment wound] – still has numbness right elbow and fragment remains (according to x-ray).  EM [enlisted member] separated before further medical evaluation and treatment could be accomplished. 

7.  In support of his request, the applicant provides copies of:

	a.  the certificate and citation showing he  was awarded the Bronze Star Medal for meritorious service during the period 1 January 1970 to 30 April 1970; 

	b.  the first page of General Orders 12, Headquarters, 91st Evacuation Hospital, dated 15 January 1970, showing he was awarded the Purple Heart as a result of being wounded in action (WIA) on 14 January 1970. 
8.  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 orders awarding the applicant the Bronze Star Medal.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  

10.  Army Regulation (AR) 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.  

11.  AR 600-8-22 also contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign.  During his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Winter - Spring 1970                  1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive                     1 May - 30 June 1970

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 1st Battalion, 46th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March – 30 June 1970 by Department of the Army General Orders Number 42, dated 1972.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided orders showing he was awarded the Purple Heart for wounds received in action on 11 July 1970. 

2.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his promotion to sergeant and there is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

3.  Records show the applicant participated in two campaign periods during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

4.  During the applicant's assignment Vietnam his unit was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His DD Form 214 should be corrected to show the above awards.

6.  ADCARS does not contain orders for the Bronze Star Medal pertaining to the applicant.  Although he provided the certificate and citation showing he was awarded the Bronze Star Medal; the governing regulation requires that the award be announced in orders.  There are no available orders showing he was awarded the Bronze Star Medal.  

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 adding the following awards to item 24 of his DD Form 214:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 21 August 1968 through 31 May 1970,

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

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

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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 the Bronze Star Medal to his DD Form 214.



      _____________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20110017855



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