IN THE CASE OF

		BOARD DATE:	    24 July 2014

		DOCKET NUMBER:  AR20130020292 


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 Purple Heart, Silver Star, and Bronze Star Medal (BSM).

2.  The applicant states these awards need to be entered on a revised DD Form 214.

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.  The applicant was inducted into the Army of the United States on 8 February 1968.  He arrived in Vietnam on 31 August 1968.  He served as a light weapons infantryman assigned to Company A, 3rd Battalion, 187th Infantry, from 9 September 1968 to 30 August 1969.  He participated in four campaigns during his service in Vietnam.

3.  Headquarters, 101st Airborne Division, General Orders (GO) Number 1577, dated 14 February 1969, awarded him the ARCOM with "V" Device for heroism in the Republic of Vietnam on 14 December 1968.

4.  Headquarters, 101st Airborne Division, GO Number 4262, dated 5 May 1969, amended GO Number 2764 and awarded him the ARCOM with 1st Oak Leaf Cluster.

5.  Headquarters, 101st Airborne Division, GO Number 4517, dated 12 May 1969, awarded him the BSM with "V" Device for heroism in the Republic of Vietnam on 27 March 1969.

6.  A DA Form 8-275-3 (Clinical Record), dated 18 May 1969, shows he was treated for a fragment wound to his left forearm.  This form also states he was wounded in action in Vietnam by a rocket-propelled grenade on 15 May 1969 and the Purple Heart was awarded by 67th Evacuation Hospital (Semi-mobile) GO Number 109, dated 17 May 1969.

7.  Further, item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded in action on 15 May 1969 (fragment wound to left arm).

8.  Headquarters, 101st Airborne Division, GO Number 6088, dated 31 May 1969, awarded him the BSM for meritorious service in the Republic of Vietnam during the period 1 September 1968 to 30 April 1969.

9.  Headquarters, 101st Airborne Division (Airmobile), GO Number 11000, dated 21 August 1969, awarded him the Air Medal for meritorious achievement in the Republic of Vietnam on 26 April 1968.

10.  Headquarters, 101st Airborne Division (Airmobile), GO Number 11975, dated 13 September 1969, awarded him the BSM with "V" Device and 1st Oak Leaf Cluster for heroism in the Republic of Vietnam on 14 May 1969.

11.  On 6 February 1970, he was honorably released from active duty in the rank of specialist four after completing 1 year, 11 months, and 29 days of creditable active service with no lost time.



12.  His DD Form 214 shows he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Parachutist Badge
* Army Commendation Medal (ARCOM) with "V" Device
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal (VSM)
* ARCOM with 1st Oak Leaf Cluster
* National Defense Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)

13.  There are no orders for award of the Purple Heart or Silver Star in the available records.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of GO 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 for the Purple Heart or Silver Star pertaining to the applicant.

14.  There is no evidence the applicant was awarded the first award of the Army Good Conduct Medal (AGCM).  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

15.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be entered in item 40.

16.  Army Regulation 600-8-22 (Military Awards) 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.

17.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

18.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

19.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  There must have been no convictions by a court-martial.

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 3rd Battalion, 187th Infantry, was awarded the:

* Presidential Unit Citation (PUC) for actions during the period 13 June to 23 September 1968 by Department of the Army GO 38, dated 1971
* PUC for actions during the period 10-21 May 1969 by Department of the Army GO Number 16, dated 1972
* Valorous Unit Award (VUA) for actions during the period 17 April to 7 May 1969 by Department of the Army GO Number 2, dated 1971
* Meritorious Unit Commendation (MUC) for achievement for the period 
14 March - 3 October 1968 by Department of the Army GO Number 22, dated 1976
* Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army GO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in Department of the Army GO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Silver Star in the available records and the applicant provided no evidence which shows he was awarded the Silver Star.  Therefore, there is insufficient evidence on which to base adding this award to his DD Form 214.

2.  The entry in item 40 of the applicant's DA Form 20 that shows he was wounded in action on 15 May 1969 and the DA Form 8-275-3 that shows he was awarded the Purple Heart on 17 May 1969 are accepted as sufficient evidence on which to base adding award of the Purple Heart to his DD Form 214.

3.  GO show he was awarded three BSM's, two for valor.  Therefore, his DD Form 214 should be corrected to show award of the BSM (3rd Award) and "V" Device.

4.  GO show he was awarded the Air Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

5.  GO show he was awarded two ARCOM's, one for valor.  Although his DD Form 214 shows award of the ARCOM with "V" Device and ARCOM with 1st Oak Leaf Cluster, it would be appropriate to correct his DD Form 214 at this time to show award of the ARCOM (2nd Award) and "V" Device in lieu of these entries.

6.  The applicant was honorably released from active duty in the rank of specialist four with nearly 2 years of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the AGCM for the period 8 February 1968 through 6 February 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the first award of the AGCM and his DD Form 214 should be corrected to show this award.

7.  The evidence shows the applicant participated in four campaigns during his service in Vietnam; therefore, he is entitled to four bronze service stars with his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

8.  His unit in Vietnam was cited for two awards of the PUC, one award of the VUA, one award of the MUC, one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.



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.  awarding him the AGCM (1st Award) for the period 8 February 1968 through 6 February 1970;

	b.  deleting award of the ARCOM with "V" Device, ARCOM with 1st Oak Leaf Cluster, and VSM from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* BSM (3rd Award) and "V" Device
* Purple Heart
* Air Medal
* ARCOM (2nd Award) and "V" Device
* AGCM (1st Award)
* VSM with four bronze service stars
* PUC (2nd Award)
* VUA
* MUC
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 adding award of the Silver Star to his DD Form 214.



      ___________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)                                         AR20130020292



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ABCMR Record of Proceedings (cont)                                         AR20130020292



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