IN THE CASE OF:	  

		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120004055 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report to Transfer or Discharge) to show all awards, ribbons, and medals he is entitled to:

* Two Purple Hearts (PH)
* Bronze Star Medal (BSM)
* Army Commendation Medal (ARCOM)
* Certificate of Merit (CoM) for Safety
* “Southeast Asia Service Medal”

2.  The applicant states that although he was awarded two PHs, a BSM, ARCOM, and a CoM for Safety the awards were never included in his discharge papers.  He further states that he is entitled to the “Southeast Asia Service Medal.”  He concludes by stating he was discharged after his recovery from his wounds and was never issued his awards, medals, and ribbons by the Army.

3.  The applicant provides:

* PH orders
* PH certificate
* BSM orders
* ARCOM orders
* CoM for Safety
* DD Form 214
* 
Letter presenting BSM and PH
* Case Management Division (CMD) closeout letter to the applicant

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 into the Army of the United States on 15 April 1968, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).   

3.  The applicant served in the Republic of Vietnam (RVN) from 31 December 1968 through 18 May 1969, when he was transferred to the 249th General Hospital in Japan in a patient status.  He was assigned to Company E, 4th Battalion, 3rd Infantry, 11th Infantry Brigade performing duties in MOS 11B as a Scout Observer.  

4.  On 21 April 1970, the applicant was released from active duty after completing 2 years of active military service.

5.  The applicant’s DD Form 214 shows the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Review of the Vietnam Casualty Roster casualty listing failed to show the
applicant's name as a casualty.  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
orders for the PH pertaining to the applicant.

7.  A review of the applicant’s record indicates entitlement to awards and decorations that are not shown on his DD Form 214.

8.  The applicant provides a copy of a PH certificate for wounds he received in action on 12 May 1969 in the RVN.

9.  The applicant provides General Orders Number 7054, dated 26 July 1969 which awarded him the PH for wounds received in action on 21 April 1969.

10.  The applicant provides General Orders Number 3892, dated 21 May 1969 which awarded him the BSM with “V” Device for heroism on 9 March 1969.

11.  The applicant provides General Orders Number 5383, dated 22 June 1968 which awarded  him the ARCOM with “V” Device for heroism on 27 March 1969.

12.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal (RVNCM) with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).  

13.  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 4th Battalion, 3rd Infantry, was cited for award of the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation for the period 2 November 1968 to 28 February 1969 by Department of the Army General Order Number 2, dated 1971.

14.  Army Regulation 600-8-22 states a bronze service star (BSS), based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  The applicant participated in two campaigns and is authorized two BSS to be affixed to his already awarded VSM.

15.  Army Regulation 600-8-22 provides the Army's awards policy.  
Paragraph 2-8 contains guidance on the PH.  It states the PH is awarded to members wounded in action.  It also states in order to award the PH there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.  As with all personal decorations announcement in orders are required.

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  It states decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized are entered on the DD Form 214.  However, there is no regulatory provision for adding a Certificate of Merit for Safety to the DD Form 214.

17.  Army Regulation 600-8-22 does not list a “Southeast Asia Service Medal.”  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct his records to show all awards he earned has been carefully considered and found to have partial merit.  

2.  General Orders Number 7054, dated 26 July 1969 awarded the PH for wounds received in action on 21 April 1969.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  With regard to the 12 May 1969 PH, the applicant provides a PH certificate indicating he was awarded the PH on 13 May 1969.  The PH certificate showing he was wounded on 12 May 1969 is accepted as sufficient to show he was wounded a second time.  The certificate was awarded by a hospital commander, and the timing fits with his being medically evacuated on 18 May 1969.  It is probable the certificate did not catch up with his records.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  General Orders Number 3892, dated 21 May 1969 awarded the applicant the BSM with “V” Device for heroism.  Therefore, he is entitled to correction of his  DD Form 214 to show this award.

5.  General Orders Number 5383, dated 22 June 1968 awarded the applicant the ARCOM with “V” Device for heroism.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The RVNCM with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  The applicant served in the RVN from 31 December 1968 through 18 May 1969 prior to being evacuated for medical treatment.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

7.  The applicant’s unit, 4th Battalion, 3rd Infantry, was cited for award of the RVNGC with Palm Unit Citation by Department of the Army General Orders Number 2, 1971.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

8.  The applicant participated in two campaigns and is authorized two BSS to be affixed to his already-awarded VSM.

9.  The CoM is not an authorized award to be shown on the DD Form 214, and the “Southeast Asia Service Medal” is not listed as an award in Army Regulation 600-8-22.  Therefore, addition of these awards to his DD Form 214 is not authorized.

10.  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.

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 to his DD Form 214 the:

* PH (2nd award)
* BSM with “V” Device
* ARCOM with “V” Device
* RVNCM with Device (1960)
* RVNGC with Palm Unit Citation
* Two BSS to be affixed to his already-awarded VSM

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 adding the CoM for Safety and the “Southeast Asia Service Medal.”  




      _______ _   __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)                                         AR20120004055



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ABCMR Record of Proceedings (cont)                                         AR20120004055



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