BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130014505 


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 Bronze Star Medal (BSM) with "V" Device and Oak Leaf Cluster (OLC) and the Purple Heart (PH).

2.  The applicant states:

   a.  he was told the BSM with "V" Device and OLC and the PH would be added to his DD Form 214 and mailed to him after his discharge;
   
   b.  the PH allows him to receive treatment without giving a co-pay; and
   
   c.  he wants the awards in question added to his DD Form 214 for his wife and children.
   
3.  The applicant provides:

* Newspaper article
* DD Form 214
* Standard Form 180 (Request Pertaining to Military Records)


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's military records show he was inducted into the Army of the United States on 20 October 1966.  He was trained in and awarded military occupational specialty 91B (Medical Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 3 August 1967 to 27 July 1968 with Headquarters and Headquarters Company (HHC), 2nd Battalion (Bn), 60th Infantry Regiment, 9th Infantry Division (ID).  Item 38 (Record of Assignments) shows that he received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments.

4.  Item 40 (Wounds) of the DA Form 20 contains no entry.  Item 41 (Awards and Decorations) contains the following list of awards:

* Silver Star (SS)
* Army Commendation Medal with "V" Device
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Medical Badge (CMB)
* RVN Campaign Medal with Device 1960 (RVNCM)
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar

5.  The applicant's Army Military Human Resource Record (AMHRR) contains no derogatory information and there is no documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).


6.  His AMHRR includes three general orders (GO) numbers (#) announcing the awards indicated:

   a.  Headquarters (HQ), 9th ID, GO #1155, dated 6 March 1968 – Army Commendation Medal with "V" Device (ARCOM w/"V" Device).
   
   b.  HQ, 9th ID, GO #4865, dated 19 June 1968 – SS for action on 8 January 1968.  This order includes a citation that indicates:  "During the ensuing firefight, the other three aidmen in the company became seriously wounded.  Although wounded himself, Specialist P_____ (the applicant), realizing his company's need for medical attention, refused evacuation in order to reach and treat casualties.  He repeatedly exposed himself to reach wounded men who were still under fire, and further exposed himself in order to replenish his medical supplies."
   
   c.  HQ, 9th ID, GO #6381, dated 5 August 1968 - BSM for meritorious service.

7.  The applicant's AMHRR includes a 9th ID Form 206, which shows he was pending an award of the BSM with "V" Device.  There are no other documents on file pertaining to this award.

8.  The applicant's record is void of any orders or other documents that indicate he was ever awarded the PH by proper authority while serving on active duty.  The record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN.

9.  On 31 July 1968, the applicant was honorably released from active duty, after completing 1 year, 9 months, and 11 days of active military service and transferred to the U.S. Army Reserve.

10.  The applicant’s DD Form 214 shows he earned the following awards during his tenure on active duty:

* SS
* ARCOM
* NDSM
* VSM
* RVNCM
* Combat Medical Badge

11.  The applicant provides a newspaper article which indicates he was wounded thirty miles south of Saigon during the heavy North Vietnam drive into South Vietnam.  He was in a medical group and the only medic left when the attack came.  He received shrapnel wounds to his face and legs and had to treat himself.

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

13.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart or the Bronze Star Medal with "V" Device.  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.

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

	a.  The Purple Heart is authorized for award to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

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

	c.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive Phase III
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V


15.  Army Regulation 672-5-1 (Awards) stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 
3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  

16.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (2nd Bn, 60th Infantry Regiment) earned the Presidential Unit Citation (PUC), RVN Gallantry Cross with Palm Unit Citation (RVNGC), and RVN Civil Actions Honor Medal First Class Unit Citation.

17.  Title 10, U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

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



DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH and BSM w/OLC and "V" Device has been carefully considered and found to have partial merit.  The applicant's SS order confirms he was a medic who refused evacuation at the time he was wounded in action in order to treat casualties.  While there is no evidence to show he received medical treatment, as a medic, he clearly was capable of treating himself.  The SS order also corroborates the applicant's newspaper article which indicates he sustained shrapnel wounds to his face and legs and had to treat himself.  As a result, the regulatory criteria necessary for the award of the PH has been satisfied in this case and the applicant's record should be corrected to show this award.

2.  The evidence of record contains an official order confirming the applicant's award of the BSM and while it also shows he was pending a BSM with "V" Device, it does not contain any evidence to show his award was ever approved or awarded.  His record does include an official order announcing his award of the ARCOM with "V" Device.  The BSM is not currently listed on his
DD Form 214 and the ARCOM does not reflect the "V" Device.  Therefore, based on the official orders showing his entitlement to the BSM and ARCOM with "V" Device, his DD Form 214 should be corrected to show these awards.

3.  His record also confirms he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 20 October 1966 through 31 July 1968.

4.  The evidence of record confirms the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar which is not currently reflected on his DD Form 214.  Accordingly, this qualification and badge should be added to item 24 of his DD Form 214 at this time.

5.  Based on the applicant's service and campaign participation in the RVN, he is also entitled to the PUC, RVNGC, RVN Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his DD Form 214 at this time.

6.  Lacking any information to confirm the applicant was awarded a second BSM and with the "V" Device, and that this award was announced in official orders, there is no basis upon which to award this decoration.
7.  While the available evidence is insufficient for awarding the applicant the BSM with OLC and "V" Device, this in no way affects the applicant’s right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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.  awarding him the Purple Heart for being wounded in action in the Republic of Vietnam on 8 January 1968;

   b.  awarding him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 20 October 1966 to 31 July 1968;
   
   c.  deleting the current Vietnam Service Medal and the Army Commendation Medal from his DD Form 214 and adding the following list of awards:
   
* Bronze Star Medal
* Army Commendation Medal with "V" Device
* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14)
   
   d.  issuing him a correction to his DD Form 214 to reflect these awards.

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 a second Bronze Star Medal for Valor.




      _______ _   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)                                         AR20130014505





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ABCMR Record of Proceedings (cont)                                         AR20130014505



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