IN THE CASE OF:	  

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140010842 


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) for the period ending 8 November 1971 to show all authorized awards, including the Purple Heart and Bronze Star Medal, and issuance of his medals.

2.  The applicant states:

* he was never given his medals because he left 2 weeks prior to his discharge due to a death in the family
* he was told his medals and paperwork would be sent to him, but he never received them

3.  The applicant provides no additional evidence.

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 16 June 1970.  On 21 June 1970, he was honorably discharged for the purpose of immediate enlistment in the Regular Army.  He enlisted in the Regular Army on 22 June 1970.

3.  He served in Vietnam from 9 November 1970 through 21 March 1971 while assigned to Battery F, 26th Artillery Regiment.  He participated in two campaigns.

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

* item 38 (Record of Assignments) –

* he was placed in a patient status on 21 March 1971 and was medically evacuated to the continental United States
* he had "excellent" conduct and efficiency ratings with the exception of his brief attachment to the reception station upon his initial entry

* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

5.  His DA Form 8-118 (Medical Board Proceedings), dated 7 September 1971, shows he was injured in a mine explosion near Khe Sanh, Republic of Vietnam, on 15 March 1971 where he sustained extensive wounds to his left foot and eventual amputation below his left knee.  He was referred to a physical evaluation board (PEB).

6.  On 1 October 1971, the PEB recommended his permanent retirement with a 40-percent disability rating.

7.  He was permanently retired due to disability.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  His records are void of and he failed to provide any evidence he was recommended for or awarded the Bronze Star Medal.

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 Military Awards Branch, failed to reveal any orders pertaining to the applicant for the Bronze Star Medal.

10.  His records are void of any evidence of any derogatory information or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award) for his period of service from 16 June 1970 through 8 November 1971.

11.  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 the 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.

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

	a.  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.

	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.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed the military awards program in Vietnam during the Vietnam War.  It stated the Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.  However, the U.S. Army Human Resources Command Awards Branch records show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located in Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional).

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 Battery F, 26th Artillery Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March through 9 October 1971 by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action on 15 March 1971.  His injuries were made a matter of official record as evidenced by his DA Form 8-118.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.  The applicant served honorably during the period 16 June 1970 through 8 November 1971.  He received "excellent" conduct and efficiency ratings with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

3.  He served in Vietnam during two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars with his previously-awarded Vietnam Service Medal.

4.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  His records are void of and he failed to provide evidence showing he was awarded the Bronze Star Medal.  Therefore, there is an insufficient evidentiary basis to add award of the Bronze Star Medal to his DD Form 214.

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:

* awarding him the –

*	Purple Heart for wounds incurred on 15 March 1971
*	Army Good Conduct Medal (1st Award) for the period 16 June 1970 through 8 November 1971

* deleting award of the Vietnam Service Medal from his DD Form 214 for the period ending 8 November 1971
* adding the following awards to his DD Form 214 for the period ending 8 November 1971 –

*	Purple Heart
*	Army Good Conduct Medal (1st Award)
*	Vietnam Service Medal with two bronze service stars
*	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 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)                                         AR20140010842



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ABCMR Record of Proceedings (cont)                                         AR20140010842



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