IN THE CASE OF:	  

		BOARD DATE:  12 June 2012

		DOCKET NUMBER:  AR20110023442 


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 show the Purple Heart and a second award of the Bronze Star Medal with "V" Device. 

2.  The applicant states the awards were missed at the time of separation.

3.  The applicant provides:

* DD Form 214
* Newspaper Article
* Photograph
* Certificate showing award of the Purple Heart

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's records show he was inducted into the Army of the United States on 9 April 1968 and he held military occupational specialty 91B (Medical Specialist).  He served in Vietnam from 16 September 1968 to 8 September 1969.  He was assigned to Battery A, 2nd Battalion, 32nd Artillery. 

3.  General Orders (GO) Number 3531, issued by Headquarters, U.S. Army Vietnam (USARV), dated 16 September 1969, awarded him the Bronze Star Medal with "V" Device for heroism on 11 August 1969.

4.  GO Number 3753, issued by Headquarters, USARV, dated 5 October 1969, awarded him the Silver Star for gallantry in action on 17 August 1969.  The orders cited the following action:

In the early morning hours, enemy sapper forces advancing under cover of mortar and rocket-propelled grenade fire breached the camp's fire defenses and took possession of the northern berm.  [the applicant] dashed through the storm of incoming projectiles to a perimeter bunker where an infantryman lay wounded.  While treating the man, he and other occupants of the bunker sustained burns and fragmentation wounds from a grenade thrown by sappers who had overtaken adjacent positions.  

5.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 8 April 1970.  He completed 2 years of active service and he had no lost time.  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Two Overseas Service Bars
* Bronze Star Medal with "V" Device
* Silver Star
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Purple Heart or a second award of the Bronze Star Medal.

7.  His records do not contain general orders authorizing him award of the Purple Heart or a second award of the Bronze Star Medal.

8.  His name is shown on the Vietnam casualty roster as having been wounded on 17 August 1969.

9.  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 Purple Heart or a second award of the Bronze Star Medal for the applicant. 

10.  He submitted a photograph of Soldiers at a fighting position; a newspaper article confirming his award of the Silver Star; and a certificate, dated 17 August 1969, that shows he was awarded the Purple Heart for wounds received in action.  

11.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Purple Heart is awarded for a wound sustained while in action against and 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.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  A bronze oak leaf cluster signifies a second or a subsequent award of the Bronze Star Medal.

12.  Headquarters, Department of the Army, published the following GOs regarding the 2nd Battalion, 32nd Artillery:

* GO Number 36, dated 1970, awarded this unit the Meritorious Unit Commendation for service from 1 January 1968 to 31 January 1969
* GO Number 5, dated 1973, awarded this unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 30 September 1970
* GO Number 51, dated 1971, awarded this unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 4 November 1965 to 15 January 1971
13.  A review of the applicant's service record reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignment) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

15.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam participation credit was awarded for the:

* Vietnam Counteroffensive, Phase IV; 2 April to 30 June 1968
* Vietnam Counteroffensive Phase V; 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI; 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive; 23 February - 8 June 1969
* Vietnam Summer - Fall 1969; 9 June - 31 October 1969

16.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action on 17 August 1969 in Vietnam.  His citation for award of the Silver Star clearly documented his combat injury.  Additionally, his name is shown on the Vietnam casualty roster and he submitted a certificate confirming receipt of this award.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded him the Bronze Star Medal with "V" Device for heroism on 11 August 1969.  This award is shown on his DD Form 214.  There is no evidence in his records and he provides none to show he was awarded a second award of the Bronze Star Medal with "V" Device.  The governing Army regulation states that for personal decorations (which included the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show this award. 

3.  General orders awarded his unit the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation when the applicant was assigned to the unit, which are not shown on his records.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to a silver service star to be affixed to his Vietnam Service Medal.

5.  The evidence of record confirms he served honorably during the period 9 April 1968 through 8 April 1970.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP4/E-4.  His records do not contain any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show his 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 April 1968 through 8 April 1970; and



	b.  adding the following awards to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one silver service star 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 a second award of the Bronze Star Medal with "V" Device.



      __________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)                                         AR20110023442



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ABCMR Record of Proceedings (cont)                                         AR20110023442



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