IN THE CASE OF:	  

		BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130015806 


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 (BSM) and Purple Heart.

2.  The applicant states he received the medals after he was discharged.

3.  The applicant provides no additional documents.

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 13 August 1968.  His DD Form 214 shows he served in Vietnam during the period 8 May 1969 to 11 April 1970.
3.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

   a.  item 38 (Record of Assignments) he served in Vietnam with Headquarters and Headquarters Company, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade during the period 21 May 1969 to 7 April 1970;

	b.  item 40 (Wounds) no entry (blank); and

	c.  item 41 (Awards and Decorations) does not show award of the Purple Heart or BSM.  

4.  His official military records contain the following orders issued by Headquarters, Americal Division:

	a.  General Orders Number 11834, dated 18 November 1969, which show he was awarded the Purple Heart for wounds received in action on 15 November 1969; and 

	b.  General Orders Number 4406, dated 2 May 1970, which show he was awarded the Good Conduct Medal (1st award).

5.  On 11 April 1970, he was honorably released from active duty.  His DD Form 214 shows he completed a total of 1 year, 7 months, and 29 days of active military service.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with “1960” Device
* Vietnam Service Medal
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the BSM pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) states the BSM 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 in 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.

8.  Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal.  It states 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 his service in Vietnam, participation credit was awarded for the following three campaigns:

* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Summer-Fall 1969 (9 June - 31 October 1969)
* Winter-Spring 1970 (1 November 1969 - 30 April 1970)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit he was assigned to was cited for award of the:

	a.  Valorous Unit Award for action during the period 11 to 31 August 1969 in Department of the Army General Orders (DAGO) Number 43, dated 1972; and

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 24 August to 31 December 1969 in DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders or other corroborating evidence in the applicant's record or in ADCARS, and the applicant did not provide sufficient evidence, that confirms he was awarded a BSM.  Therefore, there is an insufficient evidentiary basis for granting his request.

2.  General orders show the applicant was awarded the Purple Heart and Army Good Conduct Medal (first award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  General orders awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation unit awards.

4.  Records show the applicant participated in three campaigns while serving in Vietnam.  Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.
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:

	a.  deleting award of the Vietnam Service Medal from his DD Form 214; and

	b.  adding the Purple Heart, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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 the Bronze Star Medal.  



      _______ _   _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)                                         AR20130015806





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ABCMR Record of Proceedings (cont)                                         AR20130015806



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