IN THE CASE OF:	  

		BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130001731 


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:

* The Silver Star, Purple Heart, Amy Good Conduct Medal, Parachutist Badge, and medals for his service in the Republic of Vietnam (RVN
* Completion of the Basic Airborne Course
* Promotion to sergeant, pay grade E-5

2.  The applicant states he left "Jump School" in December 1966 and was assigned to the 101st Airborne Division.  His pay grade in September 1967 was E-4.  He was put in for award of the Silver Star and the Purple Heart in January 1968.  He was also put in for E-5 in February 1968.  He was told his records got blown up.  When he left the RVN all he had was the clothes on his back.  Everything else was lost.

3.  The applicant provides a copy of 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.  On 8 July 1966, the applicant was inducted into the Army of the United States. He completed his initial training at Fort Knox, KY and advanced individual infantry training at Fort Gordon, GA.

3.  On 26 November 1966, the applicant was enrolled in the 3-week Basic Airborne Course at Fort Benning, GA.  Upon completion of this training, he was awarded military occupational specialty (MOS) 11B2P (Light Weapons Infantryman with parachutist qualification).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

	a.  his assignments after training were:

* Rifleman, 1st Battalion (Airborne), 502nd Infantry Regiment, Fort Campbell, KY from 13 January to 12 April 1967
* Assistant Machine Gunner, 1st Battalion (Airborne), 502nd Infantry Regiment from 13 April to 27 June 1967
* Assistant Gunner, 3rd Battalion (Airborne), 506th Infantry Regiment from 28 June 1967

	b.  On 31 October 1967, his unit was assigned to the RVN.

	c.  On 1 February 1968, he was advanced to specialist four/E-4.

	d.  His awards and decorations included:

* Vietnam Service Medal
* National Defense Service Medal
* Combat Infantryman Badge
* Parachutist Badge
* RVN Campaign Medal with 1960 Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

	e.  His conduct and efficiency ratings were all "excellent."

	f.  On 27 June 1968, he departed the RVN and returned to the United States.

	g.  The block for wounds data was blank.

5.  On 2 July 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had completed 
1 year, 11 months, and 24 days of creditable active duty service.

6.  The applicant's DD Form 214 indicates:

	a.  in Item 5a (Grade, Rate, or Rank): Specialist Four.

	b.  in Item 5b (Pay Grade): E-4.

	c  in Item 23a (Specialty Number and Title): 11B2O Infantryman.

	d.  in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): Combat Infantryman Badge, National Defense Service Medal, and Vietnam Service Medal.

	e.  in Item 25 (Education and Training Completed): No entry for completion of the Basic Airborne Course.

7.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Silver Star or 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 U.S. Army Human Resources Command.

8.  The applicant’s name is not listed on the Vietnam Casualty Roster.

9.  Army Regulation 600-8-22 (Military Awards):

	a.  states 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  states 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.

	c.  states the Republic of Vietnam Campaign Medal with 1960 Device was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	d.  Appendix B shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Vietnam Counteroffensive Phase III, the Tet Counteroffensive, and the Vietnam Counteroffensive Phase IV.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had 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.

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 Republic of Vietnam.  This publication shows that the 3rd Battalion, 506th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1970 for award of the Valorous Unit Award; and in DAGO Number 48, dated in 1971 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

12.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

14.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY, 40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show:

* The Silver Star, Purple Heart, Amy Good Conduct Medal, Parachutist Badge, and medals for his service in the RVN
* Completion of the Basic Airborne Course
* Promotion to sergeant, pay grade E-5

2.  There are no available general orders showing the applicant was awarded the Silver Star or the Purple Heart.  Furthermore, there is no available evidence showing that the applicant sustained a wound as the result of enemy action, or was given medical treatment for any such wound.  Therefore, this portion of his request should be denied.

3.  While the available evidence is insufficient for awarding the applicant a Silver Star, this in no way affects his right to pursue his claim for the medal by submitting a request through his Member of Congress under the provisions of 
10 USC 1130.

4.  There are no available orders or other evidence showing that the applicant was ever recommended for or promoted to the grade of E-5.  Therefore, this portion of his request should be denied.

5.  The evidence of record clearly shows that the applicant successfully completed the Basic Airborne Course and was awarded the corresponding Parachutist Badge.  Therefore, his DD Form 214 should be corrected to reflect his success by showing his correct MOS, training, and badge.

6.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, and receiving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.
7.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

8.  The applicant's unit was cited in general orders for award of the Valorous Unit Award.  Therefore, this medal should be shown on his DD Form 214.

9.  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 Citation.  Therefore, his records should be corrected to show these two foreign unit awards.

10.  Records show that the applicant served during a qualifying period for award of the RVN Campaign Medal with 1960 Device.  Therefore, his DD Form 214 should be corrected to show this award.

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:

	a.  deleting MOS 11B2O (Infantryman) from his DD Form 214 and adding 11B2P (Light Weapons Infantryman with parachutist qualification);

	b.  awarding him the Army Good Conduct Medal for the period 
8 July 1966 to 2 July 1968; 

	c.  deleting from his DD Form 214 the Vietnam Service Medal;



	d.   showing that, in addition to the awards shown on his DD Form 214, his authorized awards include:

* Valorous Unit Award
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with 1960 Device
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

	e.  adding the Basic Airborne Course, 3 weeks, 1966.

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 Silver Star, Purple Heart, or promotion to pay grade E-5.




      _______ _   __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)                                         AR20130001731





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ABCMR Record of Proceedings (cont)                                         AR20130001731



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