IN THE CASE OF:	  

		BOARD DATE:  4 September 2012

		DOCKET NUMBER:  AR20120003621 


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 records to show all of his awards and decorations.

2.  The applicant sates he served overseas in Vietnam and was assigned to Company B, 5th Battalion, 60th Infantry, 9th Infantry Division.

   a.  He states he previously forwarded a letter that was signed by Tim R----, the unit's combat medic.  It stated he was wounded three times and a second letter stated he was awarded the Bronze Star Medal.

   b.  He adds that he has researched his unit's history and found that he is authorized the following awards and decorations, but they are not shown on his separation document:

* Purple Heart (3 awards)
* Bronze Star Medal with "V" Device (2 awards)
* Presidential Unit Citation
* Valorous Unit Award
* Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), DD Form 215 (Correction to DD Form 214), letter to a Veterans of Foreign War (VFW) Military Services Officer (MSO), a buddy statement, and five pages of his unit's history from an Internet website.

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 on 13 October 1966.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows in:

	a.  item 31 (Foreign Service):  Vietnam - 1 June to 23 December 1967;

	b.  item 33 (Appointments and Reductions):  he was promoted to corporal (CPL)/pay grade E-4 with a date of rank of 19 February 1968;

	c.  item 38 (Record of Assignments):

* Company B, 5th Battalion, 60th Infantry, 9th Infantry Division, from
17 June through 30 November 1967
* Medical Hold Detachment, 249th General Hospital (Japan), from
1 through 23 December 1967
* Medical Hold Company, Fitzsimmons General Hospital, Denver, Colorado, from 24 December 1967 through 27 February 1968

   d.  item 40 (Wounds):  no entry (is blank);

4.  Headquarters, Fort Polk, Louisiana, Special Orders Number 086, dated 5 April 1967, paragraph 221, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar.

5.  Headquarters, Fort Polk, Louisiana, Special Orders Number 086, dated 5 April 1967, paragraph 223, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar.

6.  Headquarters, 24th Evacuation Hospital (Semi-Mobile), General Orders Number 180, dated 20 November 1967, awarded the applicant the Purple Heart for wounds received in action in Vietnam on 16 November 1967.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 15 July 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

   a.  He had completed 1 year, 9 months, and 3 days of net active service that included 6 months and 23 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), as corrected by a DD Form 215 (issued on 3 October 1968), shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

8.  In support of his request the applicant provides the following documents:
   
   a.  a letter from the applicant to a VFW MSO, undated, in which he states he was awarded the Vietnam Service Medal with two bronze service stars, but he never received his other awards, including the:
   
* Purple Heart (3 awards)
* Bronze Star Medal with "V" Device (2 awards)
* Presidential Unit Citation
* Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	b.  a letter from Mr. Tim R-----, dated 12 July 2011, in which he states he was the platoon's medic and the applicant served in his platoon in Company B,
5th Battalion, 60th Infantry, 9th Infantry Division in Vietnam from 5 June to
16 November 1967.  He states the applicant was wounded:

    	(1)  on 20 June 1967, while at an outpost on a night ambush, when a Soldier in his squad fell asleep and accidently discharged a round.  The round hit the applicant between his arm and left side and Mr. R---- treated the wound;

    	(2)  on 12 July 1967, while on a mission, the applicant was wounded in his left side when a Soldier in the platoon stepped on a booby trap that was ahead of them.  Shrapnel hit the applicant in the left side and Mr. R---- treated the wound in the field; and

    	(3)  on 16 November 1967, during an enemy attack on the unit, the applicant was shot through the left arm.  Mr. R---- treated the wound as best he could and the applicant was medically evacuated; and

   c.  five pages of the 60th Infantry Regiment's unit history from an Internet website in which the applicant highlights that the:

    	(1)  regiment was recommended for the Presidential Unit Citation for the 1968 Tet Offensive; and

    	(2)  the 5th Battalion, 60th Infantry, was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
   
9.  A review of the applicant's military personnel records failed to reveal any evidence that he was authorized or awarded the Bronze Star Medal or more than one award of the Purple Heart.
10.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name is listed once as a casualty on
16 November 1967, under casualty status code "23" (wounded in action, not serious, hospitalized).

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 Bronze Star Medal to the applicant or any additional awards of the Purple Heart to him.

12.  A review of the applicant's military service records failed to reveal evidence of any disciplinary actions, adverse information, or commander's disqualification for the Army Good Conduct Medal (1st Award).  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service, except for ratings of "unknown" during the two periods of his hospitalization.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying 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.  There must have been no convictions by a court-martial.  

14.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  It also provides for award of the Purple Heart to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.  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.  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 in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and is authorized in conjunction with award of the Bronze Star Medal.  Although more than one award of the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on the medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required;

	c.  the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign; and

	d.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows (in pertinent part) the applicant participated in the Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968) campaign.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company B, 5th Battalion, 60th Infantry, 9th Infantry Division, the regiment was awarded the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1966 to June 1968 by Department of the Army General Orders (DAGO) Number 31 (1969); and 

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 59 (1969).
   
   c.  The pamphlet also shows for the 60th Infantry Regiment that the:
   
* 2nd Battalion (emphasis added) was awarded the Presidential Unit Citation for actions from 7 March to 22 June 1968 by DAGO Number 60 (1969)
* Company B, 5th Battalion, was awarded the Valorous Unit Award for actions on 1 February 1968 (emphasis added) by DAGO Number 42 (1969).

16.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least
30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the:

* Purple Heart (3 awards)
* Bronze Star Medal with "V" Device (2 awards)
* President Unit Citation
* Valorous Unit Award
* Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar


* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The applicant's claim to three awards of the Purple Heart was carefully considered.

   a.  General orders awarded the applicant the Purple Heart for wounds received in action in Vietnam on 16 November 1967 and his DD Form 214 (as corrected by a DD Form 215) shows the Purple Heart.

	b.  The letter from the former medic is insufficient.  Award of the Purple Heart is based on a qualifying wound for which the treatment is made a matter of official record.  In addition, the 12 June 1967 incident appears to have been an accident and not caused by hostile forces or incurred during actual hostile action.

3.  There is no evidence of record that shows the applicant was awarded the Bronze Star Medal or Bronze Star Medal with "V" Device.  Therefore, he is not entitled to correction of his records to show the award.

4.  The applicant qualified for award of the Vietnam Service Medal and the evidence or record shows he served in one campaign during his service in Vietnam.  Thus, he is entitled to the Vietnam Service Medal with one bronze service star.  His DD Form 214 shows award of the Vietnam Service Medal with two bronze service stars.  However, despite this error, no action is being taken to correct the applicant's records in this instance.

5.  The evidence of record fails to show the applicant's unit was awarded the Presidential Unit Citation or Valorous Unit Award during the period that he was assigned and present for duty with the unit.  Therefore, he is not entitled to correction of his records to show either of these unit awards.

6.  The evidence of record shows:

	a.  special orders awarded the applicant the:

* Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar


	b.  general orders awarded the applicant's regiment the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

7.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 13 October 1966 to 15 July 1968.

   a.  he was promoted to CPL/E-4 with less than 17 months of active service;

   b.  he received "excellent" conduct and efficiency ratings during his period of service with two periods rated "unknown" while he was a patient, which are not disqualifying; and
   
   c.  there is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his
DD Form 214 to show the award.
   
8.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, 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 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
13 October 1966 to 15 July 1968 (Standard Name Line:  CPL  Company B,
3rd Battalion, 11th Infantry, 5th Infantry Division (Mechanized), Fort Carson, Colorado  80913); and

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 any additional awards of the Purple Heart, the Bronze Star Medal or Bronze Star Medal with "V" Device, Presidential Unit Citation, and Valorous Unit Award.



      __________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)                                         AR20120003621



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ABCMR Record of Proceedings (cont)                                         AR20120003621



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