BOARD DATE:	  25 September 2012

		DOCKET NUMBER:  AR20120007211 


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 award of the Purple Heart with 1st Oak Leaf Cluster and the Bronze Star Medal.

2.  He states an error or omission occurred while he was in the Republic of Vietnam.  He noted this error when he was applying for veteran’s benefits.

3.  In support of his request he provides a:

* certificate and General Orders Number 193 awarding him the Purple Heart
* certificate and General Orders Number 1153 awarding him the Purple Heart with 1st Oak Leaf Cluster
* citation and a certificate awarding him the Bronze Star Medal 
* DD Form 214

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 5 March 1969 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.  

3.  He served in Vietnam from 11 July 1969 to 4 October 1970.  He was assigned to Company D, 4th Battalion, 31st Infantry, 196th Infantry Brigade. 

4.  On 7 October 1970, he was honorably released from active duty and was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his remaining service obligation.  He had served 1 year, 7 months, and 3 days of total active service.

5.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal (ARCOM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

6.  Item 41 of his DA Form 20 (Enlisted Qualification Record) shows that he was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  However, it does not show award of the Purple Heart or the Bronze Star Medal. 

7.  The applicant provided:

* General Orders Number 193, dated 4 January 1970, issued by Headquarters, Americal Division, awarding him the Purple Heart
* General Orders Number 1153, dated 2 February 1970, issued by Headquarters, Americal Division, awarding him the Purple Heart with 1st Oak Leaf Cluster, for wounds received in connection with military operations against a hostile force

8.  The applicant also provided a copy of an award citation and certificate which shows he was awarded the Bronze Star Medal for distinguishing himself by outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from October 1969 to October 1970.  The certificate is dated 4 October 1970.  

9.  There are no orders in the applicant’s service personnel records nor did he provide a copy of orders awarding him the Bronze Star Medal.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) did not contain general orders awarding the applicant the Bronze Star Medal.

11.  On 12 October 1993, he was issued a DD Form 215 (Correction to 
DD Form 214, Certificate of Release of Discharge from Active Duty), which:

   a.  deleted the Vietnam Service Medal (VSM) and ARCOM; and 

   b.  added the ARCOM with First Oak Leaf Cluster, Good Conduct Medal, and Presidential Unit Citation.  

12.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  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 treatment must have been a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding award of a certain decoration, among which is the Purple Heart.

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

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This pamphlet shows, during his service with the 4th Battalion, 31st Infantry, this unit was cited for awards of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on 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 his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer-Fall 1969, 9 June-31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969-30 April 1970
* Sanctuary Counteroffensive, 1 May-30 June 1970
* Vietnamese Counteroffensive Phase VII, 1 July 1970-30 June 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart with Oak Leaf Cluster.  Therefore, he is entitled to have his DD Form 214 corrected to show both awards.

2.  The applicant was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns during his service 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 to show these bronze service stars.

3.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his 
DD Form 214 to show this unit award. 

4.  The applicant was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his 
DD Form 214 to show this badge.

5.  With respect to the Bronze Star Medal, there is insufficient evidence in the available record that shows the applicant was awarded the Bronze Star Medal.  The certificate and the citation he provides are insufficient to confirm this award.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.  In the absence of orders or other corroborating documents, there is an insufficient evidentiary basis for granting the applicant's requested relief.


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 adding the following awards to his DD Form 214:

* Purple Heart (2nd Award)
* Four bronze service stars to be affixed to his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Machine Gun 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 the award of the Bronze Star 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)                                         AR20120007211



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ABCMR Record of Proceedings (cont)                                         AR20120007211



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