IN THE CASE OF:	  

		BOARD DATE:	  30 May 2013

		DOCKET NUMBER:  AR20120012637 


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:

	a.  award of the Purple Heart with 2nd Oak Leaf Cluster and the Armed Forces Expeditionary Medal (or whatever award may be appropriate for his service in the 2nd Infantry Division, Korea);

	b.  formal award of the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal; and

	c.  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards in addition to those aforementioned:

* Silver Star with 1st Oak Leaf Cluster (for his actions on 31 January 1968 and 4 July 1968)
* Bronze Star Medal
* Army Good Conduct Medal
* Presidential Unit Citation
* Valorous Unit Award (if appropriate)
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Expert Marksmanship Qualification Badge with Pistol (.45 Caliber) and Tank Weapons Bars



2.  The applicant states:

* he served in the U.S. Army from May 1966 to December 1968
* he served as an Imjin Scout in the 2nd Infantry Division in Korea from about October 1966 to July 1967
* he served with Troop C, 3rd Squadron, 4th Cavalry, 25th Infantry Division in Vietnam from September 1967 to December 1968
* he was awarded a Silver Star for his efforts on 31 January 1968 and a second Silver Star for his efforts on 4 July 1968
* he was wounded by enemy fire on 31 January 1968, 19 February 1968, and 13 June 1968
* he received a Bronze Star Medal for meritorious service and an Army Good Conduct Medal
* he was authorized to receive but was never awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Armed Forces Expeditionary Medal
* he qualified as Sharpshooter with the M-14 rifle
* he qualified as Expert with the .45 caliber pistol and with tank weapons
* Troop C, 3rd Squadron, 4th Cavalry, 25th Infantry Division, was awarded the Presidential Unit Citation for its efforts on 31 January 1968 and may have been awarded the Valorous Unit Award during the time he was there
* his DD Form 214 shows only one Silver Star and two Purple Hearts
* there is no reference to the Presidential Unit Citation or the Valorous Unit Award on his DD Form 214

3.  The applicant provides:

* DD Form 214 for the period ending 29 December 1968
* Imjin Scout Insignia Certificate
* General Orders Number 5271, dated 22 July 1968
* General Orders Number 8207, dated 14 November 1968
* General Orders Number 6202, dated 4 September 1968
* DA Form 8-275-3 (Clinical Record Cover Sheet), dated 19 February 1968
* DA Form 8-274 (Medical Condition – Physical Profile Record), dated 19 February 1968
* audiogram, 12th Evacuation Hospital
* nine supporting statements from individuals attesting that the applicant was wounded on 19 February 1968 and 13 June 1968
* General Orders Number 5515, dated 1 August 1968
* Bronze Star Medal Citation for the period September 1967 to September 1968
* General Orders Number 8039, dated 8 November 1968
* Special Orders Number 175, dated 8 July 1966
* Special Orders Number 48, dated 17 February 1967
* Special Orders Number 34, dated 3 February 1967
* General Orders Number 69
* General Orders Number 5171 17 July 1968
* Army Review Boards Agency letter, dated 12 July 2011
* DD Form 149 (Application for Correction of Military Record), dated 8 June 2011
* Special Orders Number 19, dated 19 January 1967
* Army Regulation 600-8-22 (Military Awards) criteria for award of the Korea Defense Service Medal
* self-authored letters, dated 19 July 2012, 31 July 2012, and 23 January 2013

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 ABCMR does not issue medals.  The applicant is advised that requests for medals should be forwarded to the National Personnel Records Center (NPRC), 1 Archives Drive, St. Louis, Missouri  63138.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted online through the eVetRecs system at:  http://www.archives.gov/veterans/military-service-records/standard-form-180.html or by submitting a Standard Form 180 (which is available for download at the same website) via mail or fax at:  (314) 801-9195.  At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate the request.  All requests must be signed and dated.  

3.  No further reference to his request to be formally awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal will be made in this Record of Proceedings.  These awards are already listed on his DD Form 214.  In addition, “formal” award of service medals is not usually made.

4.  The applicant enlisted in the Regular Army on 24 May 1966.  He completed training as a gunner.  He arrived in Korea on 12 October 1966.

5.  Special Orders Number 175 were published on 8 July 1966 awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

6.  Special Orders Number 34 were published on 3 February 1967 awarding him the Expert Marksmanship Qualification Badge with Tank Weapons Bar.

7.  Special Orders Number 48 were published on 17 February 1967 awarding him the Expert Marksmanship Qualification Badge with Pistol (.45 Caliber) Bar.

8.  The applicant departed Korea and arrived in Vietnam on or about 8 August 1967.  He was assigned to Troop C, 3rd Squadron, 4th Cavalry, 25th Infantry Division.

9.  The applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase III from 1 June 1967 through 29 January 1968
* Tet Counteroffensive from 30 January through 1 April 1968
* Vietnam Counteroffensive Phase IV from 2 April through 30 June 1968
* Vietnam Counteroffensive Phase V from 1 July through 1 November 1968
* Vietnam Counteroffensive Phase VI from 2 November 1968 through 22 February 1969

10.  On 17 July 1968, General Orders Number 5171 were published awarding the applicant the Purple Heart with 1st Oak Leaf Cluster for wounds received in connection with military operations against a hostile force on 31 January 1968.

11.  General Orders Number 5201, dated 22 July 1968, awarded him the Silver Star for gallantry in action on 31 January 1968.

12.  On 4 September 1968, General Orders Number 6202 amended General Orders Number 5171 to read Purple Heart instead of Purple Heart with 1st Oak Leaf Cluster.

13.  On 14 November 1968, General Orders Number 8207 awarded the applicant the Silver Star with 1st Oak Leaf Cluster for gallantry in action on 4 July 1968.
14.  The applicant returned to the United States and was released from active duty on 29 December 1968 as an overseas returnee.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Armed Forces Expeditionary Medal
* Silver Star
* Army Good Conduct Medal
* Bronze Star Medal
* Purple Heart with 1st Oak Leaf Cluster

15.  A review of the Vietnam casualty listing shows the applicant was wounded as a result of hostile action by enemy forces on 31 January 1968 and 19 February 1968.  It does not show he was wounded as a result of hostile action by enemy forces on 13 June 1968.

16.  The medical documentation the applicant provided shows he was wounded by hostile forces when he received slight fragment wounds to his face on 19 February 1968.  He provided a copy of General Orders Number 69 showing the unit to which he was assigned was awarded the Presidential Unit Citation for extraordinary heroism on 31 January 1968.

17.  His Army Military Human Resource Record (formerly known as the Official Military Personnel File) does not contain orders awarding him the Purple Heart with 1st Oak Leaf Cluster for wounds he sustained on 19 February 1968.

18.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the Purple Heart with 1st or 2nd Oak Leaf Cluster for wounds he sustained on 19 February 1968 or 13 June 1968.

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

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	b.  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

20.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1966 to 7 April 1970 in Department of the Army General Order Number 53, dated 1970.

21.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  Although there are no orders in the available records showing he was awarded the Purple Heart with 1st Oak Leaf Cluster, the Vietnam casualty listing shows he was wounded in action on 31 January 1968 and on 19 February 1968. 
There is no evidence in the available record nor has the applicant submitted sufficient evidence that substantiates his contention that he was wounded a third time on 13 June 1968.  Therefore, he is not authorized the Purple Heart with 2nd Oak Leaf Cluster at this time.  His DD Form 214 properly shows he was awarded the Purple Heart with 1st Oak Leaf Cluster.

3.  The applicant was awarded the Silver Star with 1st Oak Leaf Cluster in General Orders Number 82, dated 14 November 1968.  His DD Form 214 should be corrected to show this award.

4.  The applicant's records also show he was awarded the Expert Marksmanship Qualification Badge with Pistol and Tank Weapons Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This information was erroneously omitted from his DD Form 214.  His DD Form 214 should be corrected to add these marksmanship qualification badges.

5.  His DD Form 214 should also be corrected to add the following awards:
* Korea Defense Service Medal
* Presidential Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one silver service star to be affixed to his already-awarded Vietnam Service Medal

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 his DD Form 214 for the period ending 29 December 1968 to show the following awards:

* Silver Star with 1st Oak Leaf Cluster
* Korea Defense Service Medal
* Presidential Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Pistol and Tank Weapons Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* one silver service star to be affixed to his already-awarded Vietnam Service Medal

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 awarding him the Purple Heart with 2nd Oak Leaf Cluster.



      ____________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)                                         AR20120012637



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ABCMR Record of Proceedings (cont)                                         AR20120012637



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