IN THE CASE OF:  	  

		BOARD DATE:  2 October 2014	  

		DOCKET NUMBER:  AR20140002280 


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:

* Republic of Vietnam Honor Medal Second Class Citation
* Republic of Vietnam Gallantry Cross with Bronze Star
* Purple Heart
* any unit awards he is entitled to based on his service in Vietnam

2.  The applicant, in effect, states:

	a.  He is providing a letter authorizing him to wear and accept the Republic of Vietnam Honor Medal Second Class Citation and the Republic of Vietnam Gallantry Cross with Bronze Star; however, they are not listed on his DD Form 214.  In addition, the 25th Infantry Division (ID) received several awards between 1966 and 1968 that should be added to his DD Form 214.

	b.  Based on the new criteria for award of the Purple Heart for traumatic brain injuries (TBI), he qualifies for the Purple Heart for the severe concussion he received during the Tet offensive.  Actually, he should qualify for several Purple Hearts based on the concussion (or TBI), the permanent loss of sight in the left two quadrants in both eyes, and the hole in his leg from shrapnel and flying debris.  He had temporary loss of sight in the same area of both eyes during the Tet offensive.  

	c.  It has been nearly 50 years but he would like to receive what he and his family are entitled to for his blood, sweat, and tears during his three tours in Vietnam.  He enlisted in the Army because he felt the need to serve our great country.  He volunteered for the buddy plan and his choice of schools but he didn't get either.  After he completed his training at Fort Sill, OK, he was assigned to the 25th ID, Hawaii.  The unit already had orders for Vietnam and not only did he go with them, he served back to back tours in Vietnam from 1966 to 1968.

	d.  During his first tour of duty, he was assigned to the counter-mortar radar section and was sent to every hot spot throughout the III Corps and IV Corps areas.  He was promoted to staff sergeant (SSG) after only 13 months in country.  He and another Soldier spent hours working on finding a way to pinpoint the locations of the recoilless rifles the enemy had, only to have a colonel take credit for their work.  He and the other Soldier were never recognized for their efforts that saved hundreds of American lives.

	e.  During his first tour, he contracted acute and severe "jungle rot" after being cut by bamboo that had been infected by the enemy.  He lost a lot of blood and one of the 25th ID's doctors stated he had never seen a case as bad as his.  It reoccurred many times during his service in Vietnam and he still has outbreaks.  He was also diagnosed with malaria and to this day he still gets the same cold chills he had back then.  It is actually scary and panics him.

	f.  Around the middle of his second tour, during a field operation, they took heavy fire from the enemy and were unable to return fire because the howitzers had no specific coordinates or an azimuth.  He came up with an idea of how to overcome that problem and it worked.  They were able to return fire and that action saved the entire convoy from being wiped out.  He never received credit for it.  Another time. he and another Soldier developed and instituted another idea when installing radar that prevented the enemy from detecting the noise from the scanner when it was turned on.  It saved hundreds of lives, supplies, and equipment but neither of them were recognized for their actions.

	g.  During the Tet Counteroffensive Campaign, he and members of his unit were in a bunker and were bombarded with enemy fire and direct hits.  Everyone in the bunker was thrown around and the explosions knocked them off the observation catwalk.  Everyone was bleeding and they were all covered in blood from the concussion of the explosions and flying objects.  Everyone in the bunker that day should have received a Purple Heart.  



	h.  He was bleeding from his eyes, ears, nose, and mouth, and was hit in the lower right leg by debris.  He felt hot and burning inside his head, everything was spinning, and he had blurred and double vision.  His vision on the left side was like looking through broken glass and the vision was void on the left side of his line of sight.  The only medical personnel they had was a Vietnamese doctor and an aide who told him that he had received a severe concussion (now known as TBI).  With the trouble the unit was in, his injuries were the least of his worries.

	i.  He has been 100 percent service-connected disabled for the past 25 years.  He has service-connected post-traumatic stress syndrome and the permanent loss of sight in the two left quadrants of both eyes.  His neck and lower back have none to very limited motion and he has deterioration of connective joints throughout his body.  He is only seeking to set the record straight.

3.  The applicant provides his DD Form 214, orders, a letter, four certificates, two citations, and two foreign award decrees.

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 30 September 1965 and he held military occupational specialty 17B (Field Artillery Radar Crewman).  He served in Vietnam while assigned as follows from:

* 27 February 1966 - 16 January 1968, 7th Battalion, 11th Artillery, 25th ID
* 17 January to 3 July 1968, Advisory Team 95, III Corps Advisory Group, United States Military Assistance Command, Vietnam (USMACV)

3.  His record contains:

* General Orders (GO) Number 4473, dated 14 November 1967, issued by HQ, 25th ID, awarding him the Bronze Star Medal
* GO Number 1653, dated 10 June 1968, issued by HQ, USMACV, awarding him the Bronze Star Medal

4.  The applicant provides a decree, dated 3 June 1968, issued by the Republic of Vietnam Armed Forces, wherein it shows he was awarded the Republic of Vietnam Gallantry Cross with Bronze Star for fighting side by side with his Vietnam counterparts on 31 January 1968.  This decree is not filed in his record.

5.  On 4 July 1968, he completed a Standard Form (SF) 89 (Report of Medical History) wherein he wrote that he was in excellent health and indicated that he had not had any of the disorders/injuries listed on the form.  He authenticated this form by placing his signature in the appropriate block on that date.

6.  On 4 July 1968, the applicant underwent a separation physical.  The SF 88 (Report of Medical Examination) shows the examining physician checked the appropriate block to indicate he found the applicant, in part, had no physical abnormality of his head, eyes, upper extremities, and lower extremities.  He found the applicant was qualified for separation and had a physical profile of 111111 (no limitations).

7.  He was honorably released from active duty on 4 July 1968 in the rank of SSG/E-6 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 9 months, and 5 days of creditable active service with no lost time.  Of this, he completed 2 years, 4 months, and 8 days of foreign service.

8.  The DD Form 214 he was issued shows the:

* Vietnam Campaign Medal
* National Defense Service Medal
* Vietnam Service Medal 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Bronze Star Medal
* Combat Infantryman Badge

9.  The applicant provides and his record contains a letter, dated 17 July 1968, issued by HQ, USMACV, authorizing him to accept and wear the Republic of Vietnam Honor Medal Second Class Citation.  Attached to the letter was the Republic of Vietnam Armed Forces decree awarding him this medal on 13 June 1968 for outstanding devotion to duty from 17 January to 30 June 1968.



10.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the fist award of the Army Good Conduct Medal (1st Award).

11.  Item 40 (Wounds) of his DA Form 20 is blank and his record is void of orders showing award of the Purple Heart.  A review of the Vietnam casualty roster failed to reveal his name as a casualty.  

12.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general and/or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, 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.  

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

15.  Military Personnel (MILPER) Message Number 11-125, issued by the U.S. Army Human Resources Command, dated 29 April 2011, stated the Secretary of the Army had approved Army Directive 2011-07 (Awarding the Purple Heart).  The directive provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart for concussions (including mild traumatic brain and concussive injuries that do not result in a loss of consciousness).  This message does not change the standards for award of the Purple Heart for concussion injuries.  This policy is retroactive to 11 September 2001.

16.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  A review of his record shows that during his service in Vietnam he participated in six campaigns.

17.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  The 7th Battalion, 11th Artillery, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 through 21 January 1970 by DAGO Number 51, dated 1971

	b.  USMACV and its subordinate commands was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by DAGO Number 8, dated 1974

18.  Army Regulation 600-8-22 governs foreign awards.  It states foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Prior to acceptance, the award must have been approved by the appropriate commander specifically designated by DA.  Commanders serving in the rank of brigadier general or higher and colonel level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign awards.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms GO awarded the applicant two awards of the Bronze Star Medal while his DD Form 214 only shows one award.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal (2nd Award).

2.  The evidence of record confirms he served honorably from 30 September 1965 to 4 July 1968.  He served in Vietnam for over 2 years and 4 months, he received all “excellent” conduct and efficiency ratings throughout his service, and he attained the rank of SSG.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show it.

3.  He participated in six campaigns while serving in Vietnam; therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  He was awarded the Republic of Vietnam Honor Medal Second Class Citation and his record contains authorization for him to accept and wear this foreign award.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.

5.  GO awarded his units in Vietnam the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment to each unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  With respect to the Republic of Vietnam Gallantry Cross with Bronze Star, although he provided the decree awarding him this medal, he did not provide and his record does not contain authorization for him to accept and wear this foreign award.  Therefore, he is not entitled to this portion of the requested relief.

7.  With respect to the Purple Heart, the criteria for the Purple Heart requires substantiating evidence to verify that a Soldier received a wound/injury as a result of hostile action, the wound/injury must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

8.  Notwithstanding the applicant's sincerity that he was injured in Vietnam, he has not provided any evidence that supports this contention.  Item 40 of his DA Form 20 is void of an entry listing wounds received in action, and his name is not on the Vietnam casualty roster.  Regrettably, in the absence of conclusive evidence that shows he was injured as a result of hostile action, he received medical treatment for the injury, and an official record of the treatment was made, there is insufficient evidence upon which to base award of the Purple Heart in this case.  

9.  Nevertheless, this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 September 1965 through 4 July 1968
* deleting from his DD Form 214 the Bronze Star Medal and the Vietnam Service Medal
* adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Republic of Vietnam Honor Medal Second Class Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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 the Republic of Vietnam Gallantry Cross with Bronze Star and 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)                                         AR20140002280





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ABCMR Record of Proceedings (cont)                                         AR20140002280



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