IN THE CASE OF:	  

		BOARD DATE:  31 July 2012

		DOCKET NUMBER:  AR20120000464 


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 he held the rank/pay grade of staff sergeant (SSG)/E-6 at the time of his release from active duty (REFRAD) and to show award of:

* the Bronze Star Medal (2nd Award)
* the Purple Heart
* the Army Good Conduct Medal
* the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* the Vietnam Service Medal with 3 bronze service stars
* any additional awards and decorations to which he is entitled

2.  The applicant states, in effect, he conducted research which indicates he did not receive all of the awards and decorations to which he is entitled for his service.  He served nearly his entire tour as a sergeant (SGT)/E-5 in charge of an elite reconnaissance squad within Company E, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade.  He attests he sustained a shrapnel wound in the vicinity of Kham Duc in August 1970, but refused to be airlifted so he could take care of his squad and let more seriously injured men be evacuated because his wounds were not that bad.  He states his lieutenant said he would handle the paperwork for a Purple Heart, but the lieutenant was going home and never followed up.  He is a 100 percent disabled veteran and is not pursuing additional benefits; he just desires the recognition that is due to him and to attain peace of mind.

3.  He provides:

* a self-authored statement
* a Recommended List for Accelerated Promotion to E-6 for 23d Infantry Division
* a 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 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.  His record shows he was inducted into the Army of the United States on 6 March 1969.  He served in the RVN from 9 March to 25 December 1970.  On 25 December 1970, he was REFRAD and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.  At the time of his REFRAD he had served 1 year, 9 months, and      20 days of total active service.  

3.  His record contains:

	a.  Headquarters, U.S. Army Training Center, Infantry and Fort Dix, NJ, Special Orders Number 126, dated 6 May 1969, which awarded him the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14), effective 11 April 1969
* Expert Marksmanship Qualification Badge with Hand Grenade Bar, effective 18 April 1969
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), effective 1 May 1969

	b.  Headquarters, 1st Advanced Individual Training Brigade, U.S. Army Training Center, Infantry and Fort Dix, NJ, Special Orders Number 136, dated 25 June 1969, which awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), effective 20 June 1969.
4.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  item 33 (Appointments and Reductions) shows the was advanced to the temporary rank/pay grade of SGT/E-5 with a date of rank of 4 November 1969.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he was assigned to Company E, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade in a SSG/E-6 position as a Squad Leader from 21 March to 20 December 1970.

	c.  Item 38 also shows he received "Excellent" conduct and efficiency ratings for each of his duty assignments.

	d.  Item 38 does not show he was hospitalized or in a "Patient" status at any time.

	e.  Item 40 (Wounds) is blank.

	f.  Item 41 (Awards and Decorations) does not show award of the Purple Heart, the Bronze Star Medal, the Army Good Conduct Medal (1st Award), or the RVN Gallantry Cross with Palm Unit Citation

5.  His record contains a Standard Form 88 (Report of Medical Examination), dated 25 December 1970, which was rendered at the time of his pre-separation medical examination.  This document shows no indication that the applicant had sustained a wound of any type during his period of service.

6.  His DD Form 214 shows:

	a.  in items 5a (Grade, Rate or Rank) and 5b (Pay Grade ) that he held the rank/pay grade of SGT/E-5 at the time of his REFRAD and his date of rank was 4 November 1969.

	b.  in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing he was awarded or recommended for award of the Army Good Conduct Medal.  His record is also void of any evidence of disciplinary actions or a commander's denial of award of the Army Good Conduct Medal.

8.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing that he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

9.  His name does not appear on the Republic of Vietnam casualty roster.

10.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing that he was ever awarded or recommended for award of the Purple Heart or Bronze Star Medal.

11.  A 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, failed to reveal any orders for the Purple Heart or Bronze Star Medal.

12.  His record contains Department of the Army (DA), Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St Louis, MO, Letter Orders Number 02-1055495, dated 26 February 1975, which show he was honorably discharged from the U.S. Army Reserve, effective 1 March 1975.  These orders show his rank as SGT/E-5 at the time.

13.  The applicant provides a letter rendered by an acting adjutant general of the 23d Infantry Division which shows the applicant's name appeared on the  Recommended List for Accelerated Promotion to SSG/E-6.  Personnel on this list had been recommended by a selection board, approved by commanders and listed in order of merit to be promoted consistent with quotas received.  Promotion in any given month was governed by the cutoff score established by Department of the Army for individual military occupational specialties.  This promotion list was only for persons boarded for accelerated promotion and was only valid in Vietnam.

14.  His record is void of any evidence and he has not provided any evidence showing he subsequently made the cutoff score or was promoted to SSG/E-6 at any time during his period of service.

15.  References:

	a.  Army Regulation 600-8-22 (Military Awards) provides that 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.  Army Regulation 600-8-22 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.  

	c.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

	d.  Army Regulation 672-5-1 (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.

	e.  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 units to which the applicant was assigned was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 31 March to 30 June 1970 by Department of the Army General Order Number 42, dated 1972.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Hand Grenade Bar and Machine Gun Bar (M-60) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  Records show the applicant participated in three campaigns while serving in the RVN.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

4.  DAGOs awarded his Vietnam unit the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 6 March 1969 through 25 December 1970 and his DD Form 214 should be corrected to show this award.

6.  The applicant's record is void of any orders or other documents indicating he was recommended for or awarded a Purple Heart by proper authority while serving on active duty.  Additionally, there is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained any injuries as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.  Accordingly, there is insufficient evidence to award him a Purple Heart.

7.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing that he was ever awarded or recommended for award of the Bronze Star Medal.  Therefore, he is not entitled to correction of his DD Form 214 to show award of any Bronze Star Medal.



8.  Although the applicant provided evidence showing he was integrated onto the Recommended List for Accelerated Promotion to the rank/pay grade of SSG/E-6, his record is void of any evidence and he has failed to provide any evidence showing he subsequently made the cutoff score and was promoted.  Therefore, he is not entitled to correction of his DD Form 214 to show he held the rank/pay grade of SSG/E-6 at the time of his separation.

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 the period 6 March 1969 through 25 December 1970;

	b.  deleting the Vietnam Service Medal from his DD Form 214;

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Hand Grenade Bar and Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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 promotion to the rank/pay grade of SSG/E-6 and award of the Purple Heart and Bronze Star Medal (2nd Award).

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20120000464





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ABCMR Record of Proceedings (cont)                                         AR20120000464



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