IN THE CASE OF:	  

		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110022916 


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

2.  The applicant states his:

* DD Form 214 should list all his awards and decorations
* records were lost and he did not receive any medals until 30 September 2011

3.  The applicant provides:

* an extract from the Congressional Record, Proceedings and Debate of the 112th Congress, First Session, Volume 157, Number 146, dated 3 October 2011
* DD Form 214
* a 13 January 1969 message 

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 in the Army of the United States on 4 October 1967.  He completed training and was awarded military occupational specialty 64A (Light Vehicle Driver).  He was then sent to the Republic of Vietnam.

3. The applicant's DD Form 214 shows the following:

* in Item 22c (Foreign and/or Sea Service), 3 months and 29 days
* in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal and the Vietnam Service Medal

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:

* in Item 31 (Foreign Service), Vietnam from 27 June 1968 to September 1968
* in Item 38 (Record of Assignments), assigned to the 86th Transportation Company, Republic of Vietnam
* in Item 38, patient status as follows:

* in Japan from 26 September 1968 to 25 October 1968
* at Fort Order, California, from 26 October 1968 to 19 November 1968

* in Item 39 (Campaigns), no entry (blank)
* in Item 40 (Wounds), no entry (blank)
* in Item 41 (Awards and Decorations), no entry (blank).

5.  The applicant's records contain a message showing he was medically evacuated from Vietnam to the U.S. Army Hospital, Camp Zama, Japan.



6.  The applicant's DA Form 8-275-2 (Clinical Record Cover Sheet), dated 19 September 1968, shows the following:

* received gunshot wounds to his right arm and right hip on 26 August 1968 near Tay Ninh, Republic of Vietnam
* "PH [Purple Heart]:  Not awarded this hospital" [U.S. Army Hospital, Camp Zama, Japan]

7.  On 3 October 1969, the applicant was honorably discharged.  He completed 2 years of active military service.  His name appears on the Vietnam Casualty Roster.

8.  On Monday, October 3, 2011, U.S. Senator Jon Tester, Montana, read a statement into the Congressional Record paying tribute to the applicant and his military service.  The statement provided that Senator Tester presented to the applicant his long overdue awards and decorations, including the Purple Heart, National Defense Service Medal, Vietnam Service Medal with bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, and Cold War Recognition Certificate.

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

	a.  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.

	b.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  The applicant's record shows his service in Vietnam coincided with two campaigns:

* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)

	c.  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.  Individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but were wounded as a result of hostile action.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  The unit to which the applicant was assigned while serving in Vietnam was cited award of the:

* Meritorious Unit Commendation by Department of the Army General Orders (DAGO) 53, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 8, dated 1974

11.  The Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document (i.e., DD Form 214).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have all his awards and decorations listed on his DD Form 214 was carefully considered and determined to have merit.

2.  The applicant served in the Republic of Vietnam from 27 June 1968 until he was medically evacuated to Japan on 26 September 1968.  He was further evacuated to the United States where he completed his rehabilitation and served out his period of induction.  His DD Form 214 only listed two awards, the National Defense Service Medal and the Vietnam Service Medal.

3.  The applicant's record shows he was entitled to additional awards, including:

* Purple Heart for wounds received on 26 August 1968
* Republic of Vietnam Campaign Medal with Device (1960)
* two bronze service stars for his Vietnam Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  On 3 October 2011, U.S. Senator Jon Tester paid tribute to the applicant for his unrecognized Vietnam service.  In so doing, he awarded the applicant the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Cold War Recognition Certificate

5.  The awards and decorations presented by Senator Tester, with the exception of the Cold War Recognition Certificate, should be added to the applicant's DD Form 214.  Additionally, he should be credited with a second bronze service star for his Vietnam Service Medal and the foreign unit decoration, the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* 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 Cold War Recognition Certificate 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)                                         AR20110022916



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ABCMR Record of Proceedings (cont)                                         AR20110022916



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