BOARD DATE:	  6 January 2015

		DOCKET NUMBER:  AR20140007766 


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 the following awards:

* Silver Star
* Bronze Star Medal (BSM) with "V" Device
* BSM for meritorious service
* two Purple Hearts
* Combat Infantryman Badge (CIB)

2.  The applicant states he received these awards, but none of them are listed on his service record.

3.  The applicant provides:

* letter from his commanding officer at the time in question, dated 8 October 1968
* Silver Star orders

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 5 April 1967.  He completed his training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 10 October 1967.  He served in MOS 11B while assigned to the following units in Vietnam:

* Company D, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, from 15 October 1967 to 13 December 1967
* Headquarters and Headquarters Company, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division, from 14 December 1967 to 6 October 1968

3.  Records show he participated in four campaigns during his assignment in Vietnam.

4.  Headquarters, 25th Infantry Division, General Orders Number 4489, dated 16 November 1967, awarded him the Purple Heart for wounds received in action on 28 October 1967 in the Republic of Vietnam.

5.  Headquarters, 25th Infantry Division, General Orders Number 5273, dated 30 December 1967, awarded him the Silver Star for gallantry in action on 28 October 1967 in the Republic of Vietnam.  The citation for this award states the applicant "distinguished himself by heroic actions on 28 October 1967, while serving as a rifleman with Company D, 1st Battalion, 27th Infantry on a combat operation in the Bai Loi Woods, in the Republic of Vietnam."

6.  On 28 April 1969, he was honorably released from active duty.

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

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM) with two bronze service stars
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  There are no orders for the BSM, BSM with "V" Device, or CIB in the applicant's available records.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show these awards.

9.  There are no orders for a second award the Purple Heart in the available records.  However, item 40 (Wounds) of his DA Form 20 shows he was wounded in action on 2 December 1967 (fragment wound to left hand and right thigh).

10.  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 Military Awards Branch, failed to reveal any orders for the BSM with "V" Device, BSM, or Purple Heart for wounds received in action on 2 December 1967 pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) states the BSM 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.  The regulation also states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the BSM.

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

13.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

14.  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 1st Battalion, 27th Infantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period January 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

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

16.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated that 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 placed in item 40.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Silver Star for gallantry in action on 28 October 1967 and the Purple Heart for wounds received in action on 28 October 1967 in Vietnam.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  The entry in item 40 of his DA Form 20 that shows he was wounded in action on 2 December 1967 is accepted as sufficient evidence on which to base adding a second award of the Purple Heart to his DD Form 214.

3.  There are no orders for the BSM with "V" Device or BSM in the available records.  Therefore, there is insufficient evidence on which to base adding these awards to his DD Form 214.

4.  The evidence of record shows the applicant held and served in an infantry MOS and he was assigned to an infantry company in Vietnam.  In addition, he was awarded the Silver Star for gallantry in action on 28 October 1967 and the Purple Heart for wounds received in action on 28 October 1967 in Vietnam.  Therefore, there is sufficient evidence on which to base awarding him the CIB and adding the CIB to his DD Form 214.

5.  His DD Form 214 shows the VSM with two bronze service stars.  However, he participated in four campaigns during his assignment in Vietnam which entitles him to the VSM with four bronze service stars.

6.  His unit in Vietnam was awarded two Republic of Vietnam Gallantry Cross with Palm Unit Citations and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  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 CIB for action in ground combat against a hostile force in the Republic of Vietnam on 28 October 1967,

	b.  deleting the VSM with two bronze service stars from his DD Form 214, and

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

* Silver Star
* Purple Heart (2nd Award)
* CIB
* VSM with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* 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 the BSM with "V" Device or BSM 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)                                         AR20140007766



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ABCMR Record of Proceedings (cont)                                         AR20140007766



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