IN THE CASE OF:	  

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20140000923 


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 he was awarded or authorized two awards of the Purple Heart, the Bronze Star Medal, and any other awards he is authorized.  

2.  The applicant states the requested awards were not annotated on his          DD Form 214.  He contends he was awarded a second Purple Heart and the Bronze Star Medal but the documentation for these awards was misplaced.  

3.  The applicant provides his DD Form 214 and a Purple Heart certificate.  

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 on 21 December 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in the Republic of Vietnam from       18 January 1969 to 20 January 1970
* item 38 (Record of Assignments) he served with:

* 379th Transportation Company (TC) from 20 to 29 January 1969 
* 534th TC from 30 January to 13 July 1969 
* 261st TC from 14 July to 28 August 1969
* 446th TC from 29 August 1969 to 19 January 1970

* item 40 (Wounds) is blank
* item 41 (Awards and Decorations) the Purple Heart and the Bronze Star Medal are not listed as authorized awards

4.  Permanent Orders Number 99-8, issued by Department of the Army Reserve Components Personnel and Administration Center, St. Louis, MO on 23 May 1983, awarded him the Purple Heart for wounds received in action on 
3 June 1969.

5.  General Orders Number 1680, issued by Headquarters, U.S. Army Support Command, Saigon on 19 December 1969, awarded him the Army Commendation Medal for meritorious service during the period September 1969 to January 1970.

6.  He was honorably released from active duty on 10 December 1970.  His 
DD Form 214 shows he was awarded or authorized the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* two overseas service bars

7.  There is no documentation in his available records that shows he was awarded a second award of the Purple Heart or that he was treated for a combat-related injury, other than the injury he sustained on 3 June 1969.  There is also no documentation that indicates he was recommended for or awarded the Bronze Star Medal.


8.  A review of the Adjutant General's Office Casualty Division's Vietnam casualty roster does not show his name as a combat casualty.

9.  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, failed to reveal any orders for the Purple Heart or the Bronze Star Medal pertaining to the applicant.

10.  He provides the Purple Heart certificate he received on 24 May 1983 for wounds sustained on 3 June 1969.

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

	a.  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.

	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 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.  

	c.  A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 
* Tet 69/Counteroffensive (23 February - 8 June 1969) 
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows that during his assignment to the units cited below:

	a.  The 534th TC was cited for the Meritorious Unit Commendation for the period 1 July 1968 to 31 March 1969, by Department of the Army General Orders (DAGO) Number 36, dated 1970.

	b.  The 446th TC was cited for the Meritorious Unit Commendation for the period 1 July 1969 to 31 May 1970, by DAGO Number 50, dated 1971.

14.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show two awards of the Purple Heart and the Bronze Star Medal has been carefully considered.  

2.  Permanent orders show he was awarded the Purple Heart for wounds received on 3 June 1969.  The Purple Heart is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.

3.  General orders show he was awarded the Army Commendation Medal for service during the period September 1969 to January 1970.  This award is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.  

4.  His DD Form 214 shows he was awarded the Vietnam Service Medal; however, only the basic award is shown, without any additional bronze service stars for campaign participation.  His record shows he participated in four campaigns during his service in the Republic of Vietnam; therefore, he is authorized four bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to reflect these bronze service stars.

5.  General orders awarded the 534th TC and 446th TC the Meritorious Unit Commendation during periods in which the applicant was assigned.  Therefore, his DD Form 214 should be corrected to show two awards of the Meritorious Unit Commendation.  

6.  All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.  

7.  Aside from his 3 June 1969 injury, there is no evidence in his military records indicating he was wounded in a second incident while serving in Vietnam.  His name is not listed on the Vietnam casualty roster and no orders for the Purple Heart were located in the ADCARS data base.  Therefore, there is no basis to grant his request for correction of his DD Form 214 to show a second award of the Purple Heart.  

8.  Neither his record nor the provided evidence shows he was awarded the Bronze Star Medal; therefore, there is no basis to correct his DD Form 214 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 the Vietnam Service Medal from his DD Form 214; and

	b.  adding to his DD Form 214 the:

* Purple Heart
* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 correcting his DD Form 214 to show a second award of the Purple Heart or to show 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)                                         AR20140000923



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ABCMR Record of Proceedings (cont)                                         AR20140000923



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