IN THE CASE OF: 

		BOARD DATE:	    22 April 2014

		DOCKET NUMBER:  AR20130013888 


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 records to show award of the Silver Star (SS), a fourth award of the Purple Heart (PH) (i.e., 3rd Oak Leaf Cluster OLC)), and the Combat Infantryman Badge (CIB).

2.  The applicant states he served in the Republic of Vietnam (RVN) as an advisor to the 5th Area Logistical Command (ALC), Army of the Republic of Vietnam (RVN) from 30 January to 8 February 1968.  He demonstrated repeated acts of valor in the face of the enemy during his service in the RVN.  On one occasion, he prevented an attack and he was wounded by a grenade; however, his valorous service was not recognized.

3.  The applicant provides an outline of events during the Tet Offensive, copies of his awards and decorations, and his 31 August 1978 DD Form 214 (Report of Separation from Active Duty).

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 enlisted in the Regular Army (RA) on 7 May 1957 and, through a series of reenlistments, he continued to serve in the RA.  He was awarded military occupational specialty 55D (Explosive Ordnance Disposal (EOD) Specialist) and he was promoted to first sergeant/pay grade E-8.  

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

a. item 38 (Record of Assignments):

* 133rd Ordnance Detachment, from 20 March through 28 May 1967
* 5th ALC, Advisory Team 11, from 29 May 1967 through 26 October 1968
* 25th Ordnance Detachment (EOD), 1st Logistics, from 28 May through 15 December 1969
* 170th Ordnance Detachment EOD, from 16 December 1969 through 
9 August 1970

   b.  Item 40 (Wounds):
   
* Grenade Fragment, Body - 21 June 1969
* Burns, 1st and 2nd Degree, Head and Arms - 1 November 1969
* Lacerations, 2nd and 5th Digits, Right Hand - 7 February 1970

   c.  Item 41 (Awards and Decorations) and item 28 (Item Continuation) do not show the SS, PH (3rd OLC), or CIB.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  Item 5 (Oversea Service), he served in the RVN from:

* 14 March 1967 through 12 October 1968
* 24 May 1969 through 10 August 1970

   b. Item 9 (Awards, Decorations and Campaigns) and item 28 (Item Continuation) do not show the SS, PH (3rd OLC), or CIB.

5.  Headquarters, Military Assistance Command, Vietnam, Special Orders Number 63, dated 3 March 1968, awarded the applicant the CIB.

6.  A DA Form 2166 (Enlisted Efficiency Report) for the applicant's period of assignment as an EOD Advisor, Advisory Team 11, shows, in pertinent part:

* Rater's comment:  "[Applicant] performed his duties frequently under actual live combat conditions"
* Indorser's comment:  "[Applicant] has performed his duties under combat conditions in an outstanding manner"

7.  On 31 August 1978, the applicant was honorably retired from active duty and credited with completing 21 years, 3 months, and 24 days of total active service.

8.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was recommended for or awarded the SS or PH (3rd OLC).

9.  A review of the applicant's military personnel records show he was issued 
DD Forms 214 on the following dates:  22 November 1959, 22 November 1965, 27 September 1971, and 31 August 1978.  A review of these DD Forms 214 failed to show award of the SS, PH (3rd OLC), or CIB.

10.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster failed to reveal the applicant's name as being wounded in action between the January and February 1968 timeframe.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 evidence of orders awarding the applicant the SS or PH (3rd OLC).

12.  In support of his application the applicant provides the following:

   a.  An outline of the events he was involved in during the Tet Offensive, from 30 January to 8 February 1968.  He states that a grenade exploded and he sustained numerous wounds; he drove himself to the 9th Field Hospital and received medical treatment; and he was awarded the RVN Gallantry Cross with Bronze Star.





   b.  Copies of his awards and decorations that show, in pertinent part, he was awarded the:

* Bronze Star Medal (BSM) with "V" Device (4th OLC) - the BSM with "V" Device was awarded on two occasions, for heroism in the RVN on 21 August 1969 and 1 November 1969
* PH (2nd OLC) for wounds received in action in the RVN on 21 June 1969, 1 November 1969, and 7 February 1970
* Army Commendation Medal (ARCOM) (3rd OLC) - one award for meritorious achievement in the RVN from 1 August 1969 to 30 August 1969
* RVN Gallantry Cross with Bronze Star for distinguished service and heroic action in the Tet Offensive of 31 January 1968
* RVN Armed Forces Honor Medal Second Class for distinguished service in the Tet Offensive

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  Chapter 3 shows U.S. Army military decorations are awarded in recognition of heroism, meritorious achievement, or meritorious service.

	a.  The SS 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.  The PH is awarded to any member who was wounded or killed in action or as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the PH, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

	c.  An OLC is awarded to denote each succeeding award of certain decorations, among which is the BSM, PH, and ARCOM.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the SS, a fourth award of the PH, and the CIB.

2.  The applicant's outline of events of the Tet Offensive during the period 
30 January to 8 February 1968 and his award of the RVN Gallantry Cross with Bronze Star for distinguished service and heroic action offer insufficient evidence to support a claim to the SS.
	
	a.  The available evidence does not show the applicant was recommended for or awarded the SS for his actions in the RVN.

	b.  A search of general orders in the ADCARS database was accomplished in an effort to reveal evidence of an award of the SS based on the applicant's actions in the RVN.  However, this search failed to reveal any SS award orders.

   c.  Therefore, in view of the foregoing, there is an insufficient evidentiary basis to support the applicant's claim to the SS.

3.  The applicant's claim to a fourth award of the PH for wounds received in action during the period 30 January to 8 February 1968 was carefully considered.

   a.  The applicant provides no military medical records in support of his claim.

   b.  His military personnel records do not contain any evidence that shows he was wounded or injured in action a fourth time as a result of a hostile act of the enemy.

   c.  The applicant's name is not listed on the Vietnam casualty roster showing he was wounded in action a fourth time.

   d.  Thus, the evidence of record does not support the applicant's claim.

   e.  Therefore, he is not entitled to a fourth award of the PH.

4.  Special orders awarded the applicant the CIB.  Thus, the CIB should be added to his DD Form 214.

5.  Therefore, it would be appropriate to correct the applicant's DD Form 214, as recommended below.


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 adding to item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his 31 August 1978 DD Form 214 the Combat Infantryman Badge.

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 award of the Silver Star and a fourth 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)                                         AR20130013888



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ABCMR Record of Proceedings (cont)                                         AR20130013888



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