IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120002445 


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 Force of the United States Report of Transfer or Discharge) with the following:

a. Show award of:

* 2 Purple Hearts
* 2 Army Commendation Medals
* Bronze Star Medal
* Silver Star

b. Change his rank/grade to sergeant (SGT)/E-5.

2.  The applicant states, in effect, the requested decorations are missing from his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* Army Commendation Medal Certificate
* two Purple Heart Certificates
* an untitled newspaper article



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 was inducted in the Army of the United States on 20 August 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while on active duty was specialist four (SP4)/E-4. 

3.  On 22 March 1970, he was honorably released from active duty.  The applicant's DD Form 214 shows award of the following:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960))
* Good Conduct Medal

4.  General Orders Number 4514, Headquarters, 25th Infantry Division, dated 31 March 1969, awarded the applicant the Purple Heart.

5.  General Orders Number 6837, Headquarters, 25th Infantry Division, dated 15 May 1969, awarded the applicant the Purple Heart, First Oak Leaf Cluster.

6.  General Orders Number 12254, Headquarters, 25th Infantry Division, dated 29 September 1969, awarded the applicant the Army Commendation Medal.

7.  General Orders Number 12463, Headquarters, 25th Infantry Division, dated 3 October 1969, awarded the applicant the Army Commendation Medal with "V" device (First Oak Leaf Cluster).

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:
   a. Item 31 (Foreign Service), 10 May 1969 to 23 March 1970, USARPAC (U.S. Army Pacific), Vietnam.

   b. Item 38 (Record of Assignment) shows the following units of assignment while in the Republic of Vietnam:

* Company C, 2d Battalion, 22d Infantry, 25th Infantry Division, 17 March 1969 to 28 January 1970
* Headquarters and Headquarters Company, 2d Battalion (Mechanized), 22d Infantry, 25th Infantry Division, 29 January 1970 to 19 March 1970

c. Item 40 (Wounds) shows Lacerations (R) (right) foot, unk (unknown date).

d. Item 41 (Awards and Decorations) shows award of the following:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* First Class Marksmanship Qualification Badge (Grenade)
* Parachutist Badge
* Vietnam Service Medal
* Purple Heart
* Combat Infantryman Badge
* Purple Heart with First Oak Leaf Cluster
* Army Commendation Medal
* Army Commendation Medal with "V" device
* Republic of Vietnam Campaign Medal with 1960 Device

9.  Special Orders Number 237, Headquarters, 25th Infantry Division, dated 25 August 1969, promoted the applicant to the rank/grade of specialist four/E-4.
His records are void of promotion orders or documents showing he was promoted to sergeant/E-5.

10.  A review of the applicant's records failed to show a recommendation for or orders awarding him the Silver Star or Bronze Star Medal.

11.  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 awarding him the Silver Star or Bronze Star Medal.

12.  A review of the applicant's records show he is entitled to additional awards and decorations.
13.  Special Orders Number 241, Headquarters United States Army Training Center, Infantry, Fort Benning, GA, dated 8 October 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

14.  Special Orders Number 247, Headquarters United States Army Training Center, Infantry, Fort Benning, GA, dated 15 October 1968, awarded the applicant the Second Class Marksmanship Qualification Badge (Hand Grenade).

15.  Special Orders Number 303, Headquarters, United States Army School/
Training Center and Fort McClellan, Fort McClellan, AL, dated 11 December 1968, awarded the applicant the First Class Gunner Marksmanship Qualification Badge with Rifle Bar (M-60).

16.  Special Orders Number 112, Headquarters, 25th Infantry Division, dated 22 April 1969, awarded the applicant the Combat Infantryman Badge.

17.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with three campaigns:

* Tet 69 Counteroffensive 1969 (23 February 1969 – 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970)

18.  Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

19.  A review of Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the unit to which the applicant was assigned while serving in the Republic of Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation on DAGO Number 51, dated 1971.  
 
20.  Army Regulation 600-8-22 states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
21.  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.  

22.  Title 10 of the 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.

23.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of 2 Purple Hearts, 2 Army Commendation Medals, the Silver Star, the Bronze Star Medal, and his rank/grade as SGT/E-5 was carefully considered and determined to have partial merit.

2.  General orders awarded the applicant the following:

* the Purple Heart with First Oak Leaf Cluster
* the Army Commendation Medal with "V" device and First Oak Leaf Cluster
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

3.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  Special orders awarded the applicant the following:

* the Combat Infantryman Badge
* the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* the Second Class Marksmanship Qualification Badge (Hand Grenade)
* the First Class Gunner Marksmanship Qualification Badge with Rifle Bar
(M-60)

5.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

6.  His record shows he was awarded the Vietnam Service Medal.  The evidence shows he participated in 3 campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to 3 bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

7.  The evidence of record does not show he was recommended for award of the Silver Star or the Bronze Star Medal or that an appropriate authority approved recommendations or announced these awards in orders.  Accordingly, he is not entitled to correction of his record to show award of the Silver Star or the Bronze Star Medal.

8.  While the available evidence is insufficient for awarding the applicant the Silver Star or the Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Silver Star and the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

9.  Orders promoted the applicant to the rank/grade of SP4/E-4.  His record is void and he does not provide evidence showing he was promoted to the rank/grade of SGT/E-5.  In the absence of evidence to the contrary, there is no basis to recommend granting this portion of the applicant's request.

10.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



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 adding the following to his DD Form 214:

* Purple Heart (2d Award)
* Army Commendation Medal  (2d Award)  and with "V" device 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14)
* Second Class Marksmanship Qualification Badge (Hand Grenade)
* First Class Gunner Marksmanship Qualification Badge with Rifle Bar (M-60)

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 changing his rank/grade on his DD Form 214 to SGT/E-5.




      _______ _   __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)                                         AR20120002445



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ABCMR Record of Proceedings (cont)                                         AR20120002445



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