BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110022753 


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 record to show he was awarded the Purple Heart (2nd Award) and the Bronze Star Medal.

2.  The applicant states at the time of his discharge the clerk did not enter the awards on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides;

* Bronze Star Medal Citation
* Bronze Star Medal Certificate
* Purple Heart with first oak leaf cluster Certificate
* DD Form 214, effective 27 August 1969

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 on 30 September 1968.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He was assigned for duty in the Republic of Vietnam (RVN) with:

* Company B, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, 23 March 1969 to 7 April 1969;
* Company C, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, 8 April 1969 to 28 August 1969
* Headquarters, Company A, 723rd Maintenance Battalion, 29 August 1969 to 13 June 1971

4.  General Orders Number 4601, issued by Headquarters, Americal Division, dated 4 June 1969, announced award of the Purple Heart for wounds he received on 3 June 1969.

5.  General Orders Number 10682, issued by the same organization, dated 
16 October 1969, announced award of the Purple Heart with first oak leaf cluster for wounds he received on 8 July 1969.

6.  He was honorably discharged on 27 August 1969 for the convenience of the government.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the:

* National Defense Service Medal
* Purple Heart
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge

7.  He reenlisted on 28 August 1969.  He served continuously until he was honorably released from active duty on 25 August 1972 and transferred to the U.S. Army Reserve Control Group (Stand By) to complete his reserve obligation. 

8.  Item 24 of his DD Form 214 shows he received the:

* Overseas Bar (3)
* Army Commendation Medal with 4 oak leaf clusters
* Marksman Marksmanship Qualification Badge
9.  The record is void of documentation showing he received the Bronze Star Medal.

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 the Bronze Star Medal.

11.  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:

   a.  The 2nd Battalion, 1st Infantry,196th Infantry Brigade and the723rd Maintenance Battalion, were awarded the RVN Gallantry Cross with Palm Unit Citation for the period 24 August - 31 December 69 as confirmed by Department of the Army General Orders Number 42, dated 1972; and

	b.  The 2nd Battalion, 1st Infantry, 196th Infantry Brigade was awarded the Valorous Unit Award for the period 11 - 31 August 1969 as confirmed by Department of the Army General Orders Number 43, dated 1972.

12.  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.

13.  A review of his records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  Army Regulation 600-8-22 states:

	a.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  His service in Vietnam coincides with the Tet 69 Counteroffensive, Vietnam Summer-Fall 1969, Vietnam Winter-Spring, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive, Phase VII.



   b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated that for item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports correcting his record to show he was awarded the Purple Heart (2nd Award) and the RVN Gallantry Cross with Palm Unit Citation.

2.  General orders awarded him the Purple Heart with first oak leaf cluster; therefore, it would be appropriate to correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal.  His records show he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star for wear on the previously-awarded Vietnam Service Medal.

4.  General orders confirm his unit was awarded the RVN Gallantry Cross with Palm Unit Citation and Valorous Unit Award.  These awards are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The evidence of record does not show he was recommended for award of the Bronze Star Medal or that an appropriate authority approved a recommendation or announced the award in orders.  Accordingly, he is not entitled to correction of his record to show award of the Bronze Star Medal.

6.  He was issued two DD Forms 214 during his period of service, as a result, all his decorations, service medals, campaign credits, and badges awarded or authorized should be listed on the report ending 25 August 1972.

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 amending item 24 of his DD Form 214 for the period ending 25 August 1972 to add:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960) 
* Purple Heart (1st Oak Leaf Cluster)
* Combat Infantryman Badge
* Valorous Unit Award
* Vietnam Service Medal with one silver service star
* RVN 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 the Bronze Star Medal.





      _______ _  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)                                         AR20110022753





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022753



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1