IN THE CASE OF:	  

		BOARD DATE:	  19 June 2012 

		DOCKET NUMBER:  AR20120001453 


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:

* Presidential Unit Citation
* Four awards of the Purple Heart
* Special Operations Commemorative Medal
* Joint Service Commendation Medal
* Korea Defense Service Medal
* Air Assault Badge
* Republic of Vietnam Gallantry Cross

2.  The applicant states he sustained a shell fragment wound to the right knee, a gunshot wound to the left ear, a shell fragment wound to right hand, and a fragment shell wound to the left ankle.  His records were classified until November 2001. 

3.  The applicant provides:

* DD Form 214 for the period ending 14 September 1966
* Certificate showing award of the Presidential Unit Citation
* Special Operations Association Membership cards and certificate
* Certificate showing award of the Air Medal
* Department of Veterans Affairs (VA) rating decision(s)


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 enlisted in the Regular Army on 13 September 1963 and he held military occupational specialties (MOS) 12B (Combat Engineer) and 12C (Bridge Specialist).  

3.  Special Orders (SO) Number 148, issued by Headquarters, 1st Training Brigade, U.S. Army Training Center, Fort Gordon, GA, on 30 October 1963, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Korea from 31 January 1964 to 16 February 1965.  He also served in Vietnam with Company A, 326th Engineer Battalion, 1st Brigade, 101st Airborne Division, from 24 December 1965 to 31 August 1966.

5.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) for this period of service shows he received "excellent" conduct and efficiency ratings during his military service.

6.  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.

7.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

8.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam from 24 December 1965 to 31 August 1966, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Defense Campaign, 8 March - 24 December 1965
* Vietnam Counteroffensive, 25 December 1965 - 30 June 1966
* Vietnam Counteroffensive Phase II, 1 July 1966 - 31 May 1967

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam with Company A, 326th Engineer Battalion from 24 December 1965 to 31 August 1966, this unit was awarded the:

* Presidential Unit Citation, for service from 2 to 20 June 1966, based on Department of the Army General Orders (DAGO) Number 59, dated 1968
* Valorous Unit Award, for actions from 17 January to 25 March 1966, based on DAGO Number 1, dated 1969
* Meritorious Unit Commendation, for service from July 1965 to February 1966, based on DAGO Number 20, dated 1967
* Meritorious Unit Commendation, for service from 1 March to 1 October 1966, based on DAGO Number 14, dated 1979
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 to 31 July 1966 based on DAGO Number 21, dated 1969

10.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 14 September 1966.  His DD Form 214 for this period of service shows the:

* Armed Forces Expeditionary Medal (Dominican Republic) 
* National Defense Service Medal
* Parachutist Badge
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Vietnam Service Medal

11.  He again enlisted in the Regular Army on 9 September 1968.  He served in primary MOS 12B and secondary MOS 67N (UH-1 Helicopter Repairman).  

12.  He served in Vietnam from 10 September 1968 to 8 March 1970.  He was assigned as follows:

* 1 October 1968 to 2 November 1968, Headquarters and Headquarters Company, 326th Engineer Battalion
* 3 November 1968 to 4 August 1969, Company D, 101st Assault Helicopter Battalion, 101st Airborne Division
* 4 August 1969 to 8 March 1970, A Troop, 7th Squadron, 17th Cavalry

13.  During and/or in connection with this period of service, Headquarters, 1st Cavalry Division published the following SO or General Orders (GO), awarding him the below awards:

* SO Number 359, on 24 December 1968, the Aircraft Crewman Badge
* GO Number 2282, on 13 March 1969, the Bronze Star Medal for service with the 101st Aviation Battalion from 1 July 1968 to 28 February 1969
* GO Number 2386, on 17 March 1969, the Air Medal for achievement with the 101st Aviation Battalion, from 10 November to 7 December 1968
* GO Number 2751, on 27 March 1969, the Army Commendation Medal for achievement with the 101st Aviation Battalion from 1 October 1968 to 
28 February 1969
* GO Number 10360, on 9 August 1969, the Purple Heart for wounds received in action on 15 March 1969 while assigned to the 101st Aviation Battalion in Vietnam

14.  His records contain a Department of the Army Message, dated 9 January 1970, reporting a left knee injury and a fragment wound to the right eyelid while an observer on a helicopter conducting a reconnaissance mission on 8 January 1970.  The aircraft received hostile small arms fire that led to its crash and burn. 

15.  GO Number 6, issued by Headquarters, 17th Field Hospital, on 9 January 1970, awarded him the Purple Heart for wounds received in action on 8 January 1970 while assigned to A Troop, 7th Squadron, 17th Cavalry.

16.  GO Number 4553, issued by Headquarters, 1st Aviation Brigade, on 2 June 1970, awarded him the Bronze Star Medal with "V" Device for heroism on 8 January 1970.  The orders cited his combat injury during his heroic action on that date. 

17.  GO Number 162, issued by Headquarters, 12th Support Brigade, Fort Bragg, NC, on 12 August 1971, awarded him the Army Good Conduct Medal for service during the period 7 September 1967 through 6 September 1970. 

18.  Item 40 (Wounds) of his DA Form 20 shows two combat injuries:  fragment wound to the right hand in May 1969 and gunshot wound on 8 January 1970, and item 41 (Awards and Decorations) of this form shows two awards of the Purple Heart. 

19.  He was honorably discharged on 10 September 1971.  His DD Form 214 for this period of service shows in item 11d (Effective Date (of Separation)) the entry "10 SEP 68" indicating he was discharged on 10 September 1968 (instead of 1971).  Additionally, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Armed Forces Expeditionary Medal 
* Vietnam Campaign Medal
* Combat Infantryman Badge 
* Parachutist Badge
* Air Medal
* Army Commendation Medal
* Purple Heart
* Bronze Star Medal
* Aircraft Crewman Badge

20.  DA Pamphlet 672-3 shows during his second period of service in Vietnam, with multiple units, from 10 September 1968 to 8 March 1970, these units were cited for the following awards:

	a.  326th Engineer Battalion (1 October 1968 to 2 November 1968) was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 18 March 1968 to 2 May 1970 based on DAGO Number 48, dated 1971.

	b.  101st Aviation Battalion (3 November 1968 to 4 August 1969) was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 July 1968 to 14 May 1969 based on DAGO Number 43, dated 1970 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 July 1968 to 2 May 1970 based on DAGO Number 48, dated 1971.

	c.  A Troop, 7th Squadron, 7th Cavalry (4 August 1969 to 8 March 1970) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 January 1969 to 31 October 1970 based on DAGO Number 52, dated 1971.
21.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

22.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam from 10 September 1968 to 8 March 1970, campaign participation credit was awarded for the below campaigns.

* 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
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

23.  Army Regulation 600-8-22 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.

24.  The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  

25.  Army Regulation 600-8-22 states award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant completed two periods of service and he was issued a separate DD Form 214 for each period.  He was awarded or authorized various awards and decorations during each period of service, some of which are not listed on either or both DD Forms 214.  As a matter of clarity, his last DD Form 214 should be corrected to list all authorized awards and decorations. 
2.  The evidence of record shows the applicant served in Korea from January 1964 to February 1965.  By regulation, he served a qualifying period for the Korea Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge. 

4.  The evidence of record confirms he served honorably from 13 September 1963 through 14 September 1966.  He served in Korea, Dominican Republic, and Vietnam and he received "excellent" conduct and efficiency ratings throughout this period of military service.  He was awarded multiple awards and he attained the rank/grade of SP4/E-4.  In the absence of derogatory information that would have disqualified him for award of the Good Conduct Medal (1st Award) it would be appropriate to award him this medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  Additionally, it would also be appropriate to amend GO Number 162, issued by Headquarters, 12th Support Brigade, Fort Bragg, NC, on 12 August 1971, that awarded him the Army Good Conduct Medal for service from 7 September 1967 through 6 September 1970 to show this award as his second and correct his DD Form 214 to show two awards of the Army Good Conduct Medal.

6.  The applicant completed two periods of service in Vietnam with various units. During his service, his units of assignment were cited for the below awards and he should have his DD Form 214 corrected to show these unit awards:

* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

7.  GO awarded him two awards of the Bronze Star Medal, one of which was for valor. His DD Form 214 inadvertently omitted his valor award.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Bronze Star Medal.

8.  The applicant participated in eight campaigns while serving in Vietnam.  Therefore, he is entitled to one silver service star and three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

9.  GO awarded the applicant two awards of the Purple Heart for wounds received in action on 16 March 1969 and 8 January 1969.  However, item 40 of his DA Form 20 also listed a third combat injury (fragment wound to the right hand in May 1969).  He is therefore entitled to correction of his DD Form 214 to show all three awards.  

10.  With respect to a fourth award of the Purple Heart:

	a.  In order to substantiate a claim for a fourth award of the Purple Heart, documentary evidence must be provided to verify that the applicant was wounded, the wound was the result of hostile action or as a result of "friendly fire" in the "heat of battle," the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  His sincerity is not in question.   However, it is not supported by sufficient evidence such as a medical record, an operation order, an after action report, a battalion daily journal, or other documentary evidence that conclusively confirm he suffered an additional injury as a result of hostile action that required treatment.  Therefore, in the absence of official documentary evidence, the applicant has not met the burden of proof necessary to support a fourth award of the Purple Heart in this case.

11.  With respect the Joint Service Commendation Medal, the Joint Service Commendation Medal was authorized by the Secretary of Defense and is awarded in the name of the Secretary of Defense.  Since this award is not a Department of the Army award, it is not within the purview of this Board, and the applicant provides no evidence to show he was awarded this decoration.

12.  With respect to the Special Operations Commemorative Medal, most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

13.  With respect to the Air Assault Badge, there is no evidence in the applicant's records and he did not provide evidence of satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  Therefore, there is insufficient evidence to award him this badge. 

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 item 11d of his DD Form 214 for the period ending 10 September 1971 (erroneously shown as 10 September 1968) the entry "10 SEP 68" and adding the entry "10 SEP 71"
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 September 1963 through 14 September 1966 
* amending General Orders Number 162, issued by Headquarters, 12th Support Brigade, Fort Bragg, NC, on 12 August 1971, to show he was awarded the Army Good Conduct Medal (2nd Award) for service during the period 9 September 1968 through 8 September 1971 
* deleting from item 24 of his DD Form 214 for the period ending 10 September 1971 (erroneously shown as 10 September 1968) the Army Good Conduct Medal, Vietnam Service Medal, Purple Heart, and Bronze Star Medal
* adding to item 24 of his DD Form 214 for the period ending 10 September 1971 (erroneously shown as 10 September 1968) the:

* Vietnam Service Medal with one silver and three bronze service stars
* Bronze Star Medal (2nd Award) and "V" Device
* Purple Heart (3rd Award)
* Army Good Conduct Medal (2nd Award)
* Presidential Unit Citation
* Valorous Unit Award
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Korea Defense Service Medal

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:

* Fourth award of the Purple Heart
* Special Operations Commemorative Medal
* Joint Service Commendation Medal
* Air Assault Badge



      _______ _  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)                                         AR20120001453



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001453



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1