IN THE CASE OF:	  

		BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120009853 


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 Army Commendation Medal (ARCOM), Purple Heart (PH), and Bronze Star Medal (BSM).  He also requests copies of the narrative for each award and issuance of a replacement set of all medals and awards.

2.  He states the ARCOM, PH, and BSM are not documented in his official U.S. Army records or his DD Form 214.  He wishes to set the record straight.

3.  He provides an ARCOM Certificate, PH Certificate, BSM Certificate, and his 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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

3.  On 13 July 1970, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman) and assigned to duty in Vietnam.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms), in part, he qualified as –

* Sharpshooter with the .45 caliber pistol on 16 September 1970
* Expert with the M-60 machine gun on 7 October 1970
* Sharpshooter with the M-79 grenade launcher on 8 October 1970

* item 31 (Foreign Service), he was credited with service in Vietnam from 10 December 1970 through 5 September 1971
* item 38 (Record of Assignments), he was assigned to duty in Vietnam with the following units –

* Company B, 2d Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile), from 14 December 1970 to 3 January 1971
* Company D, 2d Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile), from 4 January to 30 March 1971
* Company C, 3d Battalion, 21st Infantry, 196th Infantry Brigade, from 31 March to 6 September 1971

5.  On 19 March 1971, Headquarters, 1st Cavalry Division (Airmobile), issued General Orders Number 5893 announcing award of the ARCOM with "V" Device for his heroism from 5 to 7 February 1971.  The orders include a citation describing his actions.

6.  On 31 August 1971, Headquarters, 23d Infantry Division, issued General Orders Number 9719 announcing award of the PH to him for wounds he incurred on 30 August 1971.  His record includes correspondence sent to his next of kin describing the incident in which he was wounded.

7.  On 16 November 1971, Headquarters, 196th Infantry Brigade, issued General Orders Number 00025 announcing award of the BSM to him for his meritorious service in connection with military operations against a hostile force during the period 1 December 1970 to 31 October 1971.  His record does not include a narrative description of the service for which he was awarded the BSM.

8.  On 13 August 1973, he was honorably released from active duty after completing 3 years and 18 days of total active service.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

9.  Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

10.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

11.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

12.  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 3d Battalion, 21st Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971 in Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders announced award of the BSM, PH, and ARCOM with "V" Device to the applicant.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The general orders announcing his award of the ARCOM with "V" Device included a citation describing his actions.  He should be provided a copy of these orders which will satisfy his desire for a narrative for this award.

3.  Unfortunately, his record does not include a narrative description of the service for which he was awarded the BSM.  The orders for this award are the best available record and he should be provided a copy of these orders for his personal use.

4.  Award of the PH does not require a narrative.  The awarding authority simply determines whether a Soldier's injuries meet the criteria for the award.  However, it would be appropriate to provide the applicant with a copy of the correspondence sent to his next of kin describing the incident in which he was wounded.  This is the best available narrative of the circumstances leading to his award of the PH.

5.  His record shows he qualified as Expert with the M-60 machine gun and Sharpshooter with the .45 caliber pistol and M-79 grenade launcher.  Therefore, he is entitled to correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Machine Gun Bar and Sharpshooter Marksmanship Qualification Badge with Pistol Bar and Grenade Bar.

6.  He served in a unit during a period for which it was cited for award of 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.

BOARD VOTE:

____x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:



	a.  adding the following awards to his DD Form 214:

* BSM
* PH
* ARCOM with "V" Device
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar and Grenade Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  providing him copies of the orders announcing award of the BSM and ARCOM with "V" Device and correspondence pertaining to the wounds he sustained in action during his service in Vietnam.



      ____________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)                                         AR20120009853



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ABCMR Record of Proceedings (cont)                                         AR20120009853



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