IN THE CASE OF:	  

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120011355 


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 of Transfer or Discharge) to show award of the Purple Heart and the Bronze Star Medal for his service in the Republic of Vietnam (RVN).

2.  The applicant states, in effect, that he believes a clerical error caused the omission of these awards from his DD Form 214.  He earned these awards in combat and wants them shown on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* Certificate for award of the Purple Heart, dated 24 September 1969
* Certificate for award of the Bronze Star Medal, dated 3 February 1970

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.  On 6 May 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 7 February 1969, the applicant departed Fort Benning, Georgia for duty in the RVN.

	a  On 16 April 1969, the applicant was assigned for duty with the 47th Infantry Platoon Scout Dog, 47th Infantry Regiment, 101st Airborne Division.

	b.  General Orders Number 1068, 101st Airborne Division (Airmobile), dated 
3 February 1970, announced award of the Bronze Star Medal to the applicant.  (Only the first page of order is available for review.)

	c.  On 5 March 1970, the applicant departed the RVN.

4.  On 7 March 1970, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
10 months, and 2 days of creditable active duty.

5.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Army Commendation Medal
* Vietnam Service Medal
* RVN Vietnam Campaign Medal with 1960 Device
* [RVN] Gallantry Cross with Palm (Presumed to be an individual award)
* Expert Marksmanship Qualification Badge with Rifle (M14) Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with (M16) Rifle Bar

6.  The applicant’s name is not listed on the Vietnam Casualty Roster.
	
7.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) is blank.



8.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.   ADCARS is 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.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

10.  Appendix B, Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Tet 69 Counteroffensive Vietnam; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 47th Infantry Regiment, during the time of the applicant's assignment, was cited in the following Department of the Army General Orders (DAGO):

	a.  Number 43, dated in 1970 for award of the RVN Gallantry Cross with Palm Unit Citation and

	b.  Number 48, dated in 1971 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the Purple Heart and the Bronze Star Medal for his service in the RVN.

2.  There are no available general orders showing the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  Item 40 of his DA Form 20 does not show a record of any wounds received in action.  The certificate for award of the Purple Heart provided by the applicant is not sufficient by itself on which to base a correction of his record.  Therefore, this portion of his request should be denied.

3.  The first page of a general order clearly shows that the applicant was awarded the Bronze Star Medal on 3 February 1970.  This order is in agreement with the certificate for award of the same medal provided by the applicant.  Accordingly, this medal should be shown on his DD Form 214.

4.  Records show that the applicant served during three campaign periods in the RVN.  Therefore, he is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

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 showing, in addition to the awards already shown on his DD Form 214, the following:

* Bronze Star Medal
* Three bronze service stars to be affixed to his Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 Purple Heart.




__________ _   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)                                         AR20120011355





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ABCMR Record of Proceedings (cont)                                         AR20120011355



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