IN THE CASE OF:	  

		BOARD DATE:  12 June 2012

		DOCKET NUMBER:  AR20110020842 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Air Medal and Bronze Star Medal (3rd Award) with "V" Device. 

2.  The applicant states some of his combat medals are not reflected on his 
DD Form 214.

3.  The applicant provides:

* VA Form 231-4138 (Department of Veterans Affairs Statement in Support of Claim), dated 13 October 2011
* National Personnel Records Center letter, dated 27 September 2004
* Newspaper articles from the Delta Democrat-Times, dated 26 April 1969
* General Orders Number 949, dated 4 February 1969
* DD Form 214, dated 4 May 1969
* General Orders Number 2592, dated 10 April 1969
* Air Medal Citation
* General Orders Number 10761, dated 10 October 1968
* General Orders Number 13012, dated 11 December 1968

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 16 May 1967.  He completed training as a light weapons infantryman.  

3.  Special Orders Number 234 were published on 9 September 1967 awarding the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.

4.  He arrived in Vietnam on 4 May 1968 and was assigned to Company B, 1st Battalion, 26th Infantry Regiment, 1st Infantry Division.  While in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive, Phase IV Campaign, which extended from 2 April through 30 June 1968
* Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969

5.  Special Orders Number 175 were published on 23 June 1968 awarding the applicant the Combat Infantryman Badge.

6.  General Orders Number 269 were published on 2 October 1968 awarding the applicant the Purple Heart for wounds received in action on 1 October 1968.  The orders were published by Headquarters, 93rd Evacuation Hospital.

7.  General Orders Number 10761 were published on 10 October 1968, awarding the applicant the Purple Heart for wounds received in action on 1 October 1968.  The orders were published by Headquarters, 1st Infantry Division.


8.  On 11 December 1968, General Orders Number 13012 were published awarding the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 1 October 1968.

9.  On 4 February 1969, General Orders Number 949 were published awarding the applicant the Purple Heart (Second Oak Leaf Cluster) for wounds received in action on 21 January 1969.

10.  General Orders Number 2592 were published on 10 April 1969 awarding the applicant the Air Medal for meritorious achievement while participating in aerial flight from 21 May through 18 September 1968.

11.  The applicant departed Vietnam on 3 May 1969 en-route to the United States.  He was honorably released from active duty on 4 May 1969 as an overseas returnee.  His DD Form 214 shows he is authorized the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* Purple Heart
* Bronze Star Medal

12.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was wounded twice while he was in Vietnam.  It shows that he sustained minor fragment wounds to his body on 1 October 1968 and a fragment wound to his left leg on 21 January 1969.

13.  The applicant's name is shown twice on the Vietnam Casualty Listing as a battle causality.  It shows he was wounded on 1 October 1968 and on 21 January 1969.

14.  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 any additional orders awarding him the Purple Heart or Bronze Star Medal.

15.  Review of his Official Military Personnel File failed to reveal any additional orders awarding him the Purple Heart or Bronze Star Medal.

16.  The applicant submits a letter from the National Personnel Records Center, dated 27 September 2004, verifying that he is authorized the following awards:

* Bronze Star Medal with "V" Device
* Purple Heart (Second Oak Leaf Cluster)
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

17.  He also submits newspaper articles from the Delta Democrat-Times.  One article refers to the applicant and it states that he received the Bronze Star Medal on 29 January near Lai Khe, Vietnam.

18.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states the authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

19.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Bronze “V” Device denotes acts of heroism involving conflict with an armed enemy and authorizes the Bronze “V” Device in conjunction with award of the Bronze Star Medal.  Although more than one award of the Bronze Star Medal may be made for heroism to the same person, only one “V” Device may be worn on the ribbon.

	b.  An Oak Leaf Cluster is affixed to the ribbon to denote the second and each succeeding award of certain decorations, to include the Bronze Star Medal.

	c.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for the following awards:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969; and

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  Although his records show he is authorized the Bronze Star Medal with "V" Device, the available evidence does not show he is authorized any additional awards of the Bronze Star Medal.  His DD Form 214 should be corrected to show he is authorized the Bronze Star Medal with "V" Device.

3.  The applicant was wounded in action on 1 October 1968 and on 21 January 1969 and orders were published awarding him the Purple Heart (Second Oak Leaf Cluster).  The available evidence does not show he was wounded more than twice while he was in Vietnam.  Therefore, his DD Form 214 should be amended to show he is authorized the Purple Heart (First Oak Leaf Cluster).

4.  He was awarded the Air Medal in General Orders Number 2592, the Combat Infantryman Badge in Special Orders Number 175, and the Expert Marksmanship Qualification Badge with Machinegun Bar in Special Orders Number 234.  These awards should be added on his DD Form 214.

5.  He is also authorized the following awards that should be added on his 
DD Form 214:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars to be affixed to his already-awarded Vietnam Service 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 amending his DD Form 214, dated 4 May 1969, to add the following awards:

* Bronze Star Medal with "V" Device in lieu of the Bronze Star Medal
* Purple Heart (First Oak Leaf Cluster) in lieu of the Purple Heart
* Air Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

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 amending his DD Form 214 to show he was awarded any additional Bronze Star Medals.




      __________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)                                         AR20110020842



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ABCMR Record of Proceedings (cont)                                         AR20110020842



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