IN THE CASE OF:	  

		BOARD DATE:	  26 April 2012

		DOCKET NUMBER:  AR20110020432 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of his awards.

2.  The applicant states his DD Form 214 only lists five awards and it does not reflect award of the Purple Heart, Bronze Star Medal (BSM), Silver Star, and Combat Infantryman Badge (CIB). 

3.  The applicant provides a carbon copy of his DD Form 214 and a copy of a USARV Form 157-R (Recommendation for Decoration for Valor or Merit).

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 
9 September 1966.  He completed basic training at Fort Benning, Georgia and was transferred to Fort Sill, Oklahoma where he underwent on-the-job training as a field wireman in military occupational specialty (MOS) 36K before he was transferred to Vietnam on 19 August 1967 for assignment to Headquarters and Headquarters Battery, 1st Battalion, 8th Artillery Regiment, 25th Infantry Division.

3.  He was promoted to the rank of sergeant on 1 May 1968 and after serving in four campaigns, he departed Vietnam on 10 August 1968 for Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 13 August 1968 as an overseas returnee.  He had served 1 year, 11 months and 5 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Army Commendation Medal (ARCOM) (which was awarded for meritorious service for the period August 1967 to August 1968), Vietnam Service Medal (VSM), and Army Good Conduct Medal.

4.  The USARV Form 157-R provided by the applicant indicates that he was recommended for an award for meritorious service during the period of 19 August 1967 – 18 August 1968.  Although it cannot be determined with any degree of certainty which award he was recommended for on the form (because the blocks for five different awards are checked), he was awarded the ARCOM for the same period of service.

5.  A review of his 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 the Purple Heart, Silver Star, BSM or any additional awards.  Additionally, his name is not contained on the Vietnam Casualty Listing and there is no evidence to show that he was awarded the CIB or that he held the military occupational specialty of an infantryman.

6.  Army Regulation 600-8-22 (Military Awards) 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.

7.  Army Regulation 600-8-22 states the BSM 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.  

8.  Army Regulation 600-8-22 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.  As with all personal decorations, announcement in orders are required.  

9.  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.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

10. 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 the applicant's unit was cited for awards of the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment to the unit.

11.  Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

12.  Army Regulation 600-8-22 states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to reflect awards of the Purple Heart, BSM, Silver Star, and CIB has been noted and appears to lack merit.  The applicant has failed to show through the evidence submitted with his application and the evidence of record that he was awarded those awards.

2.  While the applicant has provided a carbon copy of a USARV Form 157-R which has multiple awards checked, the recommendation is for meritorious service during the period 19 August 1967–18 August 1968 which matches the dates for his award of the ARCOM and would not apply to the other awards which appear checked.  Therefore, it must be presumed that the recommendation he provides was for award of the ARCOM, which is already reflected on his DD Form 214.  Additionally, there is no evidence present to suggest that he qualifies for award of the CIB as he was not an infantryman and he was assigned to an artillery unit, not an infantry unit.

3.  The applicant served in four campaigns while in Vietnam and he was awarded the VSM; however, he was not awarded the four bronze service stars he is authorized for wear on that award.  Accordingly, they should be added at this time.

4.  Additionally, the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, 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 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:

* deleting the entry Vietnam Service Medal from his DD Form 214
* adding the entry Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class 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 the Purple Heart, BSM, Silver Star and CIB 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.




      _______ _   _______   ___
               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)                                         AR20110020432



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ABCMR Record of Proceedings (cont)                                         AR20110020432



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