BOARD DATE:	  5 February 2013 

		DOCKET NUMBER:  AR20120012358 


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 Bronze Star Medal, Bronze Star Medal with "V" Device (1st Oak Leaf Cluster - which indicates 2nd Award of the Bronze Star Medal), and the Purple Heart.

2.  The applicant states he earned the above awards and due to no fault of his own they were not included on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Bronze Star Medal Certificate
* Bronze Star Medal Citation
* Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) Certificate
* General Orders Number 5124

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 was inducted into the Army of the United States on 23 June 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist).  He was stationed in the Republic of Vietnam from 22 April 1970 through 28 March 1971.  The highest rank/grade he attained during this period of service was corporal/E-4.  

3.  His records show he was assigned to the following units throughout his service in the Republic of Vietnam:

* Company H, 7th Battalion (Replacement Detachment), 199th Infantry Brigade
* Company E, 2nd Battalion, 3rd Infantry Regiment, 199th Infantry Brigade
* Headquarters and Headquarters Company, 199th Infantry Brigade
* Company B, 7th Support Battalion, 199th Infantry Brigade
* Company E, 3rd Battalion (Ambulance), 187th Infantry Regiment
* Headquarters and Headquarters Company, 3rd Battalion (Ambulance), 187th Infantry Regiment

4.  His record contains and he provides General Orders Number 5124 issued by Headquarters, 101st Airborne Division (Airmobile), dated 25 June 1971, which show he was awarded the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) for heroism in connection with ground operations in the Republic of Vietnam on 21 February 1971.

5.  The reason stated for his award of the Bronze Star Medal with "V" Device
(1st Oak Leaf Cluster - which indicates 2nd Award of the Bronze Star Medal) is as follows:  "For heroism in connection with ground operations in the Republic of Vietnam, [the applicant] distinguished himself on 21 February 1971 while serving as radio-telephone operator during combat operations in Quang Tri Province, Republic of Vietnam.  When the command post came under an intense mortar attack and three men were wounded, [the applicant] left the security of his position and rushed to their aid.  Subjecting himself to the hostile fire, he carried a wounded comrade to a landing zone to await medical evacuation.  During the enemy attack, [the applicant] was wounded but refused medical attention until the more seriously wounded personnel had been treated.  [The applicant's] personal bravery and devotion to duty were in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the U.S. Army." 

6.  His record contains Special Orders Number 231 issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 22 September 1969, which show he was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60). 

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal which would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  On 29 March 1971, he was honorably released as an overseas returnee from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal  
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* One Overseas Service Bar

9.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is not included on this roster.

10.  A 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 orders for the Purple Heart or additional Bronze Star Medals.

11.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the Purple Heart.  It states the Purple Heart is awarded to members wounded in action and states that in order 
to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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 Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  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 2nd Battalion, 3rd Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period          12 December 1966 through 31 August 1970 by DAGO Number 31, dated     1971.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following three campaigns:

* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

15.  Army Regulation 600-8-22 states an Oak Leaf Cluster is awarded to denote the second and succeeding awards of the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show award of the Bronze Star Medal, Bronze Star Medal with "V" Device (1st Oak Leaf Cluster) and the Purple Heart has been carefully examined and found to have merit.

2.  General orders awarded him the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), which is awarded to denote the 2nd Award of the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, his DD Form 214 should be corrected to show this badge.
4.  By regulation, in order to support award of the Purple Heart the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action; the member must have required medical treatment by medical personnel; and this medical treatment must have been made a matter of official record.

5.  The evidence of record shows the applicant was wounded in action.  Medical treatment was required and made a matter of official record as shown on his orders awarding him the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster).  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has been met.  Therefore, he is entitled to award of the Purple Heart for wounds received in action on 21 February 1971 and correction of his DD Form 214 to show this award.

6.  The evidence of record confirms he served honorably during the period 23 June 1969 through 29 March 1971.  His record shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal for the period 23 June 1969 through 29 March 1971 and to correct his DD Form 214 to show this medal.

7.  The applicant was assigned to a unit in the Republic of Vietnam which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

8.  Records show the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three 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.

BOARD VOTE:

___x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting from his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Purple Heart for wounds sustained on 21 February 1971, awarding him the Army Good Conduct Medal (1st Award) for the period
23 June 1969 through 29 March 1971; and
	
 	c.  adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device (1st Oak Leaf Cluster)
* Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with 3 bronze service stars




      _______ _   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)                                         AR20120012358



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ABCMR Record of Proceedings (cont)                                         AR20120012358



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