IN THE CASE OF:	  

		BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140005094 


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 Silver Star and the Purple Heart.  

2.  The applicant states he received the Silver Star Certificate but not the medal.  He also was awarded the Purple Heart but the awards were not recorded on his DD Form 214.  

3.  The applicant provides a DD Form 214 and a Purple Heart and Silver Star certificates.  

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 August 1967.

3.  Special orders, dated 1 December 1967, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

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

	a.  item 31 (Foreign Service), he served in Vietnam from 7 January 1968 to 
6 January 1969;

	b.  Item 38 (Record of Assignments), he was assigned to the 5th Battalion, 60th Infantry during the period 12 January-14 September 1968 and to the 1st Battalion, 16th Infantry during the period 15 September 1968-1 January 1969;

	c.  item 40 (Wounds), he was wounded on 21 April 1968 and on 12 August 1968; and

	d.  item 41 (Awards and Decorations), the Silver Star is not included.

5.  He was honorably released from active duty on 7 August 1969.  His 
DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal with four bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  He provides a Silver Star Certificate that indicates he was awarded the Silver Star for actions on 12 August 1968.  However, there are no orders or any other evidence in his military records that show he was recommended for or awarded the Silver Star.  

7.  His record includes General Orders Number 8415, dated 15 September 1968, issued by Headquarters, 9th Infantry Division, that shows he was awarded the Bronze Star Medal with "V" Device for heroic actions on 12 August 1968.  The narrative reason for the award indicates he was wounded as a result of hostile actions on 12 August 1968.


8.  He also provides a Purple Heart Certificate that indicates he was awarded the Purple Heart for wounds received on 11 October 1968.  However, his record is void of orders for the Purple Heart and there is no evidence in his available military records indicating he was wounded on 11 October 1968.

9.  A review of the Adjutant General's Office Vietnam Casualty Listing revealed he is listed as being wounded as a result of hostile actions on 3 April 1968 and on 12 August 1968.  

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 Silver Star or the Purple Heart pertaining to the applicant.

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

	a.  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.

	b.  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.

	c.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for five campaigns.

12.  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 that during his assignment to the 5th Battalion, 60th Infantry, this unit was cited in general orders for the following unit awards:

* Valorous Unit Award for the period 6-12 May 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods December 1966-June 1968 and 1 July-13 November 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966-28 June 1969  

13.  Department of the Army Pamphlet 672-3 also shows that his assignment to the 1st Battalion, 16th Infantry, this unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
12 July 1965-16 October 1968 and for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965-7 April 1970.  

14.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

15.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

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

DISCUSSION AND CONCLUSIONS:

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

2.  He provides a Purple Heart Certificate indicating he was awarded the Purple Heart for wounds sustained on 11 October 1968; however, there is no evidence 

in his military records indicating he was wounded on this date.  Therefore, it appears the certificate was issued in error.  Although there is no evidence of 
entitlement to the Purple Heart for wounds sustained on 11 October 1968, the Vietnam Casualty Listing shows he was wounded as a result of hostile actions on 3 April 1968 and on 12 August 1968.  Therefore, he should be awarded the first and second awards of the Purple Heart and his DD Form 214 should be corrected to show this awards.  

3.  He was awarded the Vietnam Service Medal; however, he participated in five campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star for wear on his Vietnam Service Medal and correction of his DD Form 214 to show this silver service star.

4.  Special orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  This badge should be added to his DD Form 214.  

5.  His units of assignment in Vietnam were cited for the Valorous Unit Award, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Although he is authorized to wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, his DD Form 214 should be corrected to show all of his authorized unit awards.

6.  There is no evidence in his military records that shows he was awarded the Silver Star for action on 12 August 1968.  Additionally, a search of the ADCARS failed to reveal orders for the Silver Star pertaining to him.  In the absence of orders or any other evidence indicating he was awarded the Silver Star, the Silver Star Certificate he provided is insufficient evidence on which to base correcting his DD Form 214 to show this award.  

7.  He was He was awarded the Bronze Star Medal with "V" Device for heroic actions on 12 August 1968, the same date the certificate states he was awarded the Silver Star.  It cannot be determined if he was initially recommended for award of the Silver Star and it was downgraded to a Bronze Star Medal with “V” Device, or if the Bronze Star Medal with “V” Device was only an interim award.  

8.  The available evidence is insufficient for correcting his DD Form 214 to show the Silver Star.  However, if he in fact does not have the Silver Star orders, this in no way affects his right to pursue an upgraded of his Bronze Star Medal to the 

Silver Star 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.  deleting the Vietnam Service Medal with four bronze service stars from his DD Form 214;

	b.  awarding him the Purple Heart (First Award) for wounds receive on 3 April 1968 and the Purple Heart (Second Award) for wounds received on 12 August 1968; and 

	c.  adding to his DD Form 214 the:

* Purple Heart (Second Award)
* Vietnam Service Medal with one silver service star
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (Third Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (Second Award)

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 the Silver Star.  



      ____________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)                                         AR20140005094



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ABCMR Record of Proceedings (cont)                                         AR20140005094



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