BOARD DATE:	  24 January 2013

		DOCKET NUMBER:  AR20120012231 


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 that any authorized awards be added to his DD Form 214 (Report of Transfer or Discharge) and that he receive a full set of his medals.

2.  The applicant states he believes that he might be eligible for several medals including the Silver Star, Bronze Star Medal, Purple Heart and Presidential Unit Citation because other members of his unit received such awards years after the fact.

3.  The applicant provides copies of:

* a similar request to the National Personnel Records center
* that agency's response to the effect that it lacked such authority
* 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 Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN:  Military Personnel Records, 1 Archives Drive, St. Louis, Missouri  631382-1002.  This issue will not be further addressed in this Record of Proceedings.

3.  The applicant was inducted and entered active duty on 25 April 1966.  He completed training, including training in military occupational specialty (MOS) 11B as an infantryman.  He was attached to the 47th Infantry and deployed with that unit to Vietnam.  

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

	a.  block 38 (Record of Assignments):

* assigned, in Vietnam, to Company B, 2nd Battalion 47th Infantry from 28 January through 2 September 1967
* assigned, in Vietnam, to C Company, 3rd Battalion, 60th Infantry from 3 September through 30 December 1967

	b.  block 40 (Wounds) is blank

	c.  block 41 (Awards and Decorations):

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* Good Conduct Medal
* Sharpshooter Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Qualification Badge with Rifle Bar (M-16)
* Expert Qualification Badge with Machinegun Bar (M-60)

5.  The applicant returned to the United States and, after a brief assignment as a drill sergeant, he was honorably separated from active duty and transferred to the U.S. Army Reserve as a sergeant (pay grade E-5).



6.  His DD Form 214 lists his awards as the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* two Overseas Service Bars
* Good Conduct Medal (1st Award) 
* Expert "(Rifle M-60)"
* Sharpshooter Qualification Badge with Rifle Bar (M-14)

7.  The applicant's military personnel records contain no evidence that he was awarded the Purple Heart or any personal decoration.

8.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any award orders pertaining to the applicant.  His name does not appear on the Vietnam Casualty Roster.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

	a.  2nd Battalion 47th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the Army General Order (DAGO) Number 31 of 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59 of 1969.

	b.  3rd Battalion, 60th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the Army General Order (DAGO) Number 31 of 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59 of 1969.

	c.  DAGO 45 of 1969 awarded 3rd Battalion, 60 Infantry the Presidential Unit Citation for the period 29 January through 4 March 1968.  

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


	a.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.

	c.  All personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.

	d.  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 medical treatment must have been made a matter of official record.

	e.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Designated campaign periods that coincide with the applicant's tour of duty include the Vietnam Counteroffensive Phase II – from 1 July 1966 through 31 May 1967 and Vietnam Counteroffensive Phase III – from 1 June 1967 through 29 January 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he believes that he might be eligible for several medals including the Silver Star, Bronze Star, Purple Heart and Presidential Unit Citation because other members of his unit received such awards years after the fact.

2.  Unfortunately, there is neither any available evidence that the applicant was recommended for or awarded any personal decorations, nor is there any official record that he was treated for a wound sustained while he was in action against the enemy or as the result of enemy action.

3.  He is authorized two awards each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation.

4.  When the applicant attended his unit's reunion, he undoubtedly encountered Vietnam buddies who had received the Presidential Unit Citation because it was awarded to 3rd Battalion, 60th Infantry for a period commencing a month after he left that unit Vietnam.

5.  The applicant is authorized two bronze service stars for wear on the Vietnam Service Medal.

6.  It was the practice at the time to list marksmanship qualification for specific models of weapons,"(Rifle M-14)" for example, even though no such tabs were actually authorized.  Therefore, because it is shown on his DA Form 20, the Sharpshooter (Rifle M-16) should be added to his DD Form 214.  Additionally, it shows "Expert (Rifle M-60)" when the M-60 is actually a machinegun. 

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 amending block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons awarded or Authorized) of his DD Form 214, dated 24 April 1968, by:

	a.  deleting "Vietnam Service Medal" and "Expert (M-60)" and 

	b.  showing that in addition to the awards already shown, he is authorized the:

* Vietnam Service Medal with two bronze service stars
* Expert Qualification Badge with Machine Gun Bar
* Sharpshooter Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

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 showing the applicant was awarded any individual decoration or 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)                                         AR20120012231



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ABCMR Record of Proceedings (cont)                                         AR20120012231



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