IN THE CASE OF:	  

		BOARD DATE:	  3 July 2012

		DOCKET NUMBER:  AR20110025130 


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 following:

* Purple Heart
* Combat Infantryman Badge (CIB) 
* Bronze Star Medal (BSM)

2.  He states he was placed on the temporary disability retired list while being treated for wounds sustained in Vietnam.  He adds that while in the hospital, he was awarded the Purple Heart by a four star general.  He opines that he should have been awarded the CIB and the BSM.  He states he was permanently retired on 1 March 1971.

3.  He provides the following:

* DD Form 214
* Certificate of Retirement
* Medical Board Proceedings documents
* Certificate of Birth
* Department of Veterans Affairs Certificate of Eligibility





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 29 September 1967.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in Vietnam from 23 April 1968 to 18 July 1968.  On 10 February 1969, he was retired due to permanent disability.

3.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 38 (Record of Assignments) that he was assigned to Company C, 2nd Battalion, 506th Infantry Regiment during his service in the Republic of Vietnam.  Additionally, he served in duty MOS 11B, as a rifleman from 5 May 1968.

	b.  item 41 (Awards and Decorations) that in addition to the awards listed on his DD Form 214, he was awarded the following:

* Expert Marksmanship Qualification Badge with Machine Gun Bar
(M-60) 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar 


5.  Headquarters, 12th Evacuation Hospital, General Orders Number 161, dated
19 July 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 17 July 1968.  This order was amended by General Order Number 170, dated 29 July 1968 to read date of action "18 July 1968" vice "17 July 1968."

6.  Headquarters, 101st Airborne Division, General Orders Number 10651, dated 13 December 1968, awarded him the Air Medal (AM), for meritorious achievement while participating in aerial flight on 7 July 1968.

7.  His military service records do not contain any orders awarding him the CIB.

8.  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 United States Army Human Resources Command, failed to reveal any orders for the BSM.

9.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The unit must be clearly identified, along with the period of 
assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

11.  Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  

12.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the BSM was awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the BSM was generally delegated no lower than brigadier generals in command of separate brigades.  However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the BSM for service was delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional).  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows that during the period the applicant was assigned, 2nd Battalion, 506th Infantry Regiment, was cited for award of the Presidential Unit Citation (PUC) by Department of the Army General Orders (DAGO) Number 38, dated 1971.  Additionally, the unit was awarded the Meritorious Unit Commendation (MUC) by DAGO Number 22, dated 1968.  This pamphlet also shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 by DAGO Number 8, dated 1974.

14.  Appendix B of Army Regulation 600-8-22 states a bronze service star is authorized for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

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

DISCUSSION AND CONCLUSIONS:

1. General orders show the applicant was awarded the Purple Heart for wounds sustained on 18 July 1968.  Therefore, his records should be corrected to show this award.

2.  Records show his MOS was 11B.  He served in active ground combat as verified by the wounds he sustained on 18 July 1968 and he was assigned to the 2nd Battalion, 506th Infantry Regiment.  Therefore, he is entitled to the award of the CIB and correction of his DD Form 214 to show this award.

3.  There are no orders showing he was awarded the BSM and no evidence was found in his military personnel record or in ADCARS.  Therefore, there is insufficient evidence to support addition of this award to his DD Form 214.

4.  While the available evidence is insufficient for awarding him the BSM, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

5.  General orders verify he was awarded the AM for service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  His DA Form 20 verifies he was awarded Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

7.  The evidence of record shows he is entitled to wear the PUC, MUC, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these unit awards.

8.  The evidence also shows he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show two bronze service stars to be worn on his already-awarded VSM.

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.  deleting the VSM from his DD Form 214;
   b.  awarding him the CIB effective 18 July 1968; and
   
	c.  adding the following awards to his DD Form 214:

* Purple Heart
* CIB
* AM
* VSM with two bronze service stars
* PUC
* MUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar

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 the BSM.




      
      ______ _   __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)                                         AR20110025130





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ABCMR Record of Proceedings (cont)                                         AR20110025130



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