IN THE CASE OF:	  

		BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20120007043 


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 three awards of the Purple Heart and a Bronze Star Medal.

2.  The applicant states he was wounded in the face, left hand, and chest.  He was put in for but did not receive the Bronze Star Medal.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

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 service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

3.  The applicant was inducted on 19 October 1967, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  Headquarters, II Field Force Vietnam General Orders Number 1571, dated 21 June 1969, awarded him the Army Commendation Medal for meritorious service from April 1968 through April 1969.  

5.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  advancement to sergeant (E-5) effective 24 April 1969;

	b.  service in Vietnam with I Troop, 3rd Squadron, 11th Armored Cavalry Regiment from 4 April 1968 through 18 February 1969;

	c.  transfer to the U.S. Army Medical Hospital, Camp Zama, Japan on 19 February 1969;

	d.  transfer to Valley Forge General Hospital, Pennsylvania, on 21 February 1969;

	e.  return to full duty on 23 May 1969;

	f.  conduct and efficiency ratings of “excellent”; and

	g.  no wounds listed in item 40 (Wounds).

6.  The applicant was honorably released from active duty on 17 October 1969.  He had 1 year, 11 months, and 29 days of creditable service with no lost time.  His DD Form 214 lists his awards as the Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle bar.

7.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials.

8.  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 United States Army Human Resources Command, revealed orders for only the 21 June 1969 Army Commendation Medal.

9.  A review of the Vietnam casualty list, at line 117058, shows that the applicant received a battle wound on 31 July 1968.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to 3rd Squadron, 11th Armored Cavalry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 600-8-22 (Military Award) provides:

	a.  the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required;  

	b.  the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.  The wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record; 

	c.  the Army Good Conduct Medal is awarded to individuals who distinguish themselves by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  At that time, a single efficiency rating of less than “excellent” was disqualifying; and 

	d.  a bronze service star is authorized for wear on the Vietnam Service Medal based on qualifying service for each designated campaign listed in Appendix B of the regulation and states authorized service stars will be worn that medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  the Counteroffensive Phase IV, 2 April 1968 - 30 June 1968; the Counteroffensive Phase V, 1 July 1968 - 1 November 1968; and the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969.

12.  Title 10 of the U.S. Code, section 1130 (10 USC 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 a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

13.  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 record does not contain and the applicant has not provided any documentation to show he was recommended for award of the Bronze Star Medal.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects his right to pursue his claim for it by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

2.  The applicant's award of the Army Commendation Medal was not included on his DD Form 214.  It is appropriate to correct the records to include this award shown on the DD Form 214.

3.  The applicant's name appears on the Vietnam casualty list showing he was wounded in action on 31 July 1968.  This entry would not have been made if he had not been wounded as the result of hostile action, treated by medical personnel, and the medical treatment was made a matter of official record.  Based on this reference, the applicant is shown to be entitled to award of a Purple Heart for a wound or wounds received on or about 31 July 1968.

4.  While the applicant's DA Form 20 shows he was hospitalized for several months, commencing on 19 February 1969, there is no evidence as to why he was hospitalized at this time.  Without access to his service medical records and in light of the fact that item 40 on the DA Form 20 is blank, it is impossible to determine if the applicant received a second wound on or about 19 February 1969.  Therefore, entitlement to any additional Purple Hearts cannot be established at this time. 

5.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decoration, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 19 October 1967 through 17 October 1969.

6.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his already awarded Vietnam Service Medal.

7.  In addition to the awards listed on the DD Form 214, the applicant is also authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Based on the above facts and findings it is appropriate to correct the applicant's records as noted 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 the applicant the Purple Heart for a wound received on or about 31 July 1968;

	b.  awarding the applicant the Army Good Conduct Medal for his period of service from 19 October 1967 through 17 October 1969;

	c.  deleting the Vietnam Service Medal from his DD Form 214; and 

	d.  showing that, in addition to the awards listed on the DD Form 214, the applicant is authorized award of the Army Commendation Medal, Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm 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 award of the Bronze Star Medal and any additional Purple Hearts.



      ______________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)                                         AR20120007043





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ABCMR Record of Proceedings (cont)                                         AR20120007043



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