IN THE CASE OF:	  

		BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110023718 


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 award of the Purple Heart and Army Commendation Medal.

2.  The applicant states that he simply believes that to have been a clerical error.

3.  The applicant provides:

* Purple Heart Certificate and general orders (GO)
* Army Commendation Medal Certificate and Citation
* DD Form 214

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 military record shows he was inducted Army of the United States on 23 November 1965.  He completed training and was awarded military occupational specialty 11D, Armor Specialist.

3.  He served in Vietnam from 8 July 1967 through 7 July 1968 during four campaigns.  He was assigned to Troop F, 17th Cavalry, 196th Light Infantry Brigade:

4.  GO Number 2143, issued by Headquarters, U.S. Army Americal Division, on 23 April 1968, awarded him the Purple Heart for wounds received in connected with military operations against a hostile forces in Vietnam on 14 April 1968.  

5.  He provides copies of a citation and certificate, dated 2 May 1968, showing award of the Army Commendation Medal.  He did not submit an accompanying order.  

6.  His official records do not contain orders awarding him the Army Commendation Medal.

7.  He was honorably released from active duty in pay grade E-4 on 8 July 1968, as an overseas returnee, and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 9 months, and 12 days of net active service and time lost from 7 to 16 June 1966 and from 17 June 1966 to 6 April 1967.  

8.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

9.  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, revealed orders for the Purple Heart pertaining to the applicant.  ADCARs contained no Army Commendation Medal orders for the applicant.

10.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

11.  Army Regulation 600-8-22 also authorizes a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

12.  Department of the Army GO Number 8, dated 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to U.S. Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of records confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

3.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  His contention that he was awarded the Army Commendation Medal and the certificate he submitted were carefully considered.  However, it is insufficient by itself to show he was awarded this medal.  The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of official orders pertaining to him, there is insufficient evidence to correct his records to show this award. 

5.  In view of the foregoing, the applicant's records should be corrected as recommended below.



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:

	a.  deleting the Vietnam Service Medal from the applicant's DD Form 214; and

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

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* 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 Army Commendation Medal 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)                                         AR20110023718



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110023718



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1