BOARD DATE:	 3 April 2012  

		DOCKET NUMBER:  AR20110018866 


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 add award of the Silver Star, Presidential Unit Citation, and three Purple Hearts.

2.  The applicant states:

* he was wounded three different times in Vietnam
* he was told he received the Silver Star for valor during the Tet Offensive
* he was also told he received the Presidential Unit Citation
* he believes the records were lost or never entered on his records
* he was wounded by shrapnel on 25 October 1967
* during the Tet Offensive (end of February 1968) he was wounded by shrapnel in his knee area when they hit a mine and he injured his back when he landed on a machine gun
* in April 1968 during a search and destroy mission, he was hit by a bullet or shrapnel in his left shoulder
* he was awarded the Silver Star for actions on a search and destroy mission in June 1968

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 was inducted into the Army of the United States on 6 April 1967.  He arrived in Vietnam on 12 September 1967.  He served as a light weapons infantryman assigned to Company C, 4th Battalion, 23rd Infantry, in Vietnam from 9 October 1967 to 14 September 1968.  On 17 January 1969, he was released from active duty in the temporary rank of sergeant after completing 1 year, 9 months, and 12 days of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Bronze Star Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  General Orders Number 4844, dated 12 December 1967, show he was awarded the Purple Heart for wounds received in action on 25 October 1967.

5.  General Orders Number 3085, dated 21 April 1968, show he was awarded the Purple Heart for wounds received in action on 6 April 1968.

6.  There are no orders for a third award of the Purple Heart in the available records.

7.  There are no orders for the Silver Star in the available records.

8.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded on 25 October 1967.  Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the Silver Star or any awards of the Purple Heart.

9.  The Vietnam casualty roster shows he was wounded in action on 25 October 1967 and on 6 April 1968.

10.  A review 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 any orders for award of the Silver Star.

11.  Records show he participated in three campaigns during his assignment in Vietnam.

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

13.  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 4th Battalion, 23rd Infantry, was cited for award of the:

* Valorous Unit Award for actions during the period 26-28 May 1968 by Department of the Army General Orders (DAGO) Number 43, dated 1970
* Valorous Unit Award for actions during the period 27 August 1968 to 31 October 1968 by DAGO Number 42, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

14.  Department of the Army Pamphlet 672-3 does not show the 4th Battalion, 23rd Infantry, was cited for award of the Presidential Unit Citation while the applicant was assigned to it.

15.  Army Regulation 600-8-22 (Military Awards) states 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 medical personnel, and the medical treatment must have been made a matter of official record.  The regulation states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

16.  Army Regulation 600-8-22 states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17.  Army Regulation 600-8-22 states the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

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

19.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded three different times in Vietnam.  However, orders show he received the Purple Heart for wounds received in action on 25 October 1967 and 6 April 1968.  Since there are no orders for a third award of the Purple Heart, his DD Form 214 should only be corrected to show the Purple Heart (2nd Award).

2.  He contends he was told he received the Silver Star for valor during a search and destroy mission in June 1968.  However, there is no evidence and the applicant did not provide any evidence that shows he was recommended for or awarded the Silver Star.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

3.  He contends he was told he received the Presidential Unit Citation.  However, since Department of the Army Pamphlet 672-3 does not show the 4th Battalion, 23rd Infantry, was cited for award of the Presidential Unit Citation while the applicant was assigned to it, there is insufficient evidence on which to base adding this unit award to his DD Form 214.

4.  He was released from active duty in the temporary rank of sergeant with 21 months of creditable active service with no lost time.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 6 April 1967 through 17 January 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

5.  He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.

6.  His Vietnam unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Valorous Unit Award while he was assigned to it.  His DD Form 214 should be corrected 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 (1st Award) for the period 6 April 1967 through 17 January 1969 and

	b.  adding the Purple Heart (2nd Award), Army Good Conduct Medal (1st Award), Valorous Unit Award (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.

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 Silver Star, Presidential Unit Citation, or a third award of the Purple Heart 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)                                         AR20110018866



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ABCMR Record of Proceedings (cont)                                         AR20110018866



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