BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120005110 


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:

* three awards of the Purple Heart
* Bronze Star Medal with "V" Device
* Republic of Vietnam Gallantry Cross with Silver Star

2.  The applicant states:

	a.  His DD Form 214 does not show the three awards of the Purple Heart he was awarded in November 1967, the early part of 1968, and on 16 April 1968.  Neither does it show the Bronze Star Medal he was awarded for valor on 16 April 1968 while serving in the 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division.

	b.  In addition, he was told he would be receiving the Republic of Vietnam Gallantry Cross with Silver Star from the South Vietnamese on 11 October 1968, but he was processed out of the Army and on his way home at that time.  The company clerk told him and another Soldier that the medal was being presented to them for rescuing Vietnamese women and children while under fire.  Two of the women were severely hurt and required immediate medical attention.

3.  The applicant provides no additional evidence.



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 was inducted into the Army of the United States on 13 October 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 29 October 1967 to 3 October 1968 while assigned to the 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division.

3.  General Orders (GO) Number 7499, dated 7 July 1968, issued by Headquarters (HQ), 1st Cavalry Division, awarded him the Bronze Star Medal for heroism in connection with military operations against a hostile force in Vietnam on 28 April 1968 when his unit became heavily engaged with a large enemy force.  These orders stated the applicant exposed himself to hostile fire in order to retrieve a machine gun and evacuate the seriously wounded machine gunner to safety.

4.  GO Number 11419, dated 27 August 1968, issued by HQ, 1st Cavalry Division, awarded him the Bronze Star Medal for meritorious service from October 1967 to October 1968.

5.  He was honorably released from active duty on 5 October 1968 and transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 23 days of creditable active service with no lost time.

6.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Vietnam Service Medal
* Vietnam Campaign Medal
* two overseas service bars
* Combat Infantryman Badge
* Air Medal
* Bronze Star Medal

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void any convictions by a court-martial or a commander's disqualification for award of the Army Good Conduct Medal.

8.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

9.  Item 41 (Awards and Decorations) does not show any awards of the Purple Heart.  Item 41 does, however, show the Bronze Star Medal with "V" Device and the Bronze Star Medal.

10.  His record does not contain any orders for the Purple Heart.  There is no evidence in the applicant's available record that shows he was ever wounded or injured as a result of enemy action or that he was treated for such wounds or injuries.

11.  A review of the Adjutant General's Office Casualty Division's Vietnam casualty listing failed to show his name as a casualty.

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

13.  His record does not contain a citation for award of the Republic of Vietnam Gallantry Cross with Silver Star, nor does it contain a letter authorizing him to receive and wear the decoration.

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

	a.  The Purple Heart is awarded for a wound or injury sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound or injury was the result of hostile action, the wound or injury must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, Air Medal, and Bronze Star Medal.

15.  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.

16.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states 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 the period of his service in Vietnam participation credit was awarded for four campaigns.

17.  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 2nd Battalion, 8th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 in Department of the Army GO Number 59, dated 1969.

18.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) governed award of the Republic of Vietnam Gallantry Cross as a personal decoration.  This decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of U.S. Army Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the Bronze Star Medal with "V" Device for heroism in action in addition to the Bronze Star Medal he received for meritorious service.  Therefore, he is entitled to correction of his DD Form 214 to show both of these awards.

2.  The evidence of record shows he served honorably from 13 October 1966 through 5 October 1968.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service.  His record is void of any disciplinary action or a commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award.

3.  His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  With respect to three awards of the Purple Heart, the criteria for award of the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound or injury as the result of hostile action, the wound or injury required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.  There is no evidence in his records and he has not provided any evidence that shows he was ever wounded or injured as a result of enemy action and treated for those wounds or injuries.

6.  Notwithstanding the applicant's sincerity, in the absence of orders or other documentation that conclusively shows he was ever wounded or injured as a result of enemy action and received medical treatment for such wounds or injuries, there is an insufficient evidentiary basis for granting this portion of the applicant's requested relief.

7.  With respect to individual award of the Republic of Vietnam Gallantry Cross with Silver Star, criteria for this award required approval to accept and wear this award.  His record does not contain a citation for award of the Republic of Vietnam Gallantry Cross with Silver Star, nor does it contain a letter authorizing him to receive and wear the decoration.  Therefore, there is insufficient evidence upon which to correct his DD Form 214 to show this award.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  ___x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 October 1966 through 5 October 1968
* deleting the Vietnam Service Medal and Bronze Star Medal from his DD Form 214
* adding the following awards to his DD Form 214:

* Bronze Star Medal (2nd Award) with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 three awards of the Purple Heart and the Republic of Vietnam Gallantry Cross with Silver Star.



      ___________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)                                         AR20120005110



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ABCMR Record of Proceedings (cont)                                         AR20120005110



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