IN THE CASE OF:  	  

		BOARD DATE:  22 January 2015	  

		DOCKET NUMBER:  AR20140007531 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all authorized awards, including the:

* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Navy Unit Commendation
* Purple Heart

2.  The applicant states:

* he was physically assigned to the 5th Special Forces Group when the awards were earned
* he served as a Lark V (amphibian craft) operator assigned to the 1st Logistics Command, 5th Special Forces Group, from 1966 to 1967 and he rescued five pilots in several war theater areas while assigned to the unit
* he may be eligible for other commendations, including the Purple Heart based on napalm burn injuries he received during combat missions

3.  The applicant provides:

* self-authored statement
* DD Form 214
* three photographs
* extract from the Center of Military History Publication 90-3
* extract from The Northern Star, Volume 18, Number 1, dated January/
February 1988

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 26 November 1965.

3.  He served in Vietnam during the period 6 July 1966 to 7 July 1967.  While in Vietnam he was assigned to the 347th Transportation Company.  He participated in two campaigns.

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

* item 22 (Military Occupational Specialties (MOS)) –

* additional MOS – 61B (Harbor Craft Boatswain) – 11 May 1966
* secondary MOS – 61D (Amphibious Operator) – 31 August 1966
* primary MOS – 94B (Cook) – 9 January 1967

* item 38 (Record of Assignments) – does not show he was ever in a patient status
* item 40 (Awards and Decorations) –

* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* National Defense Service Medal

* Item 41 (Wounds) – does not show any injuries or wounds

5.  On 24 November 1967, the applicant was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Good Conduct Medal

6.  On 23 March 1988, the applicant submitted an inquiry to the U.S. Army Troop Support Command for award of the Silver Star and Combat Infantryman Badge.  The request was forwarded to the Chief, Military Awards Branch, Headquarters, Department of the Army, Total Army Personnel Agency (now known as U.S. Army Human Resources Command).  Research into his records revealed:

* he was assigned as a harbor craft boatswain and subsequently assigned as a cook in a transportation company
* he provided an altered DD Form 214 that listed award of the Silver Star and Combat Infantryman Badge and the official copy of his DD Form 214 in his records did not bear these awards

7.  The applicant provided a copy of the altered DD Form 214 showing award of the Silver Star and Combat Infantryman Badge, three unidentified photographs, and a self-authored statement.  He also provided an extract of Center of Military History Publication 90-3 which describes operations of the 5th Special Forces Group in Vietnam and a news article from The Northern Star, dated January/February 1988, showing he was awarded the Silver Star and Combat Infantryman Badge.

8.  His records are void of and he failed to provide any evidence showing he was assigned to a unit that was awarded the Navy Unit Commendation or Presidential Unit Citation.

9.  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, failed to reveal any general orders showing he was awarded the Silver Star or Purple Heart.

10.  His records are void of and he failed to provide medical evidence showing he was injured as a result of hostile action while serving in Vietnam.

11.  His name is not shown on the listing of Vietnam era casualties commonly used to verify entitlement to the Purple Heart.

12.  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.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 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 military medical personnel, and the medical treatment must have been made a matter of official record.

	c.  The Combat Infantryman Badge is awarded to infantry officers, warrant officers, and enlisted Soldiers who possess an infantry MOS, while serving in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

	d.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

	e.  The Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

14.  The Navy Unit Commendation was established by the Secretary of the Navy and is awarded to any ship, aircraft, detachment, or other unit of the naval service of the United States which has, subsequent to 6 December 1941, distinguished itself by outstanding heroism in action against the enemy, but not sufficient to justify award of the Presidential Unit Citation.

15.  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 347th Transportation Company was awarded the Meritorious Unit Commendation for the period 1 July 1966 through 28 February 1967 by Department of the Army General Orders Number 17, dated 1968.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the unit to which he was assigned while in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  He participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these service stars.

3.  His records are void of and he failed to provide evidence showing his unit was awarded the Presidential Unit Citation or the Navy Unit Commendation.  Therefore, he is not entitled to the requested relief.

4.  Award of the Purple Heart requires evidence to verify:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

5.  There is no evidence in the available records that show he was wounded as a result of hostile action.  Regrettably, the statement he provided is insufficient evidence to support award of the Purple Heart in this case.



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 amending his DD Form 214 as follows:

* deleting award of the Vietnam Service Medal
* adding the following awards –

*	Vietnam Service Medal with two bronze service stars
*	Meritorious Unit Commendation
*	Republic of Vietnam Gallantry Cross with Palm 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 award of the Presidential Unit Citation, Navy Unit Commendation, and 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)                                         AR20140007531



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ABCMR Record of Proceedings (cont)                                         AR20140007531



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