IN THE CASE OF:	

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140017591 


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 the Silver Star, two Purple Hearts, and Expert Marksmanship Qualification Badge with Tank Weapons Bar.

2.  The applicant states:

* he was wounded twice in action in Vietnam
* he was recommended for award of the Silver Star for actions on 12 August 1969
* the medics were lazy and did not want to prepare the paperwork
* he was wounded (elbow/arm) by a tracer bullet on 12 August 1969
* he was wounded a second time (mouth/face) in August/September 1969 during an ambush
* the Expert Marksmanship Qualification Badge with Tank Weapons Bar needs to be added to his DD Form 214

3.  The applicant provides:

* DD Form 214
* U.S. Army Reserve Personnel Center correspondence, dated 1 March 1989
* Veterans Administration correspondence, dated 29 September 1988
* orders for the Expert Marksmanship Qualification Badge with Pistol Bar and Tank Weapons Bar
* National Personnel Records Center correspondence, dated 21 May 2014
* photographs of Soldiers and military equipment engaged in military operations
* two additional self-authored statements, dated 15 July 2000 and 8 September 2014
* Headquarters and Headquarters Company, 1st Battalion (Mechanized), 16th Infantry Regiment, certification, undated
* Pacific Stars and Stripes news article, dated 9 September 1969
* statement from a fellow Soldier, dated 8 September 2014
* letter of recommendation, dated 1 February 1990
* letter from his physician, dated 24 September 2014

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 27 February 1968 for 3 years.

3.  Headquarters, 1st Training Brigade, Special Orders Number 113, dated 20 June 1968, awarded him the Expert Marksmanship Qualification Badge with Tank Weapons Bar.

4.  He arrived in Vietnam on 4 April 1969.  He served as an armor crewman assigned to the following units in Vietnam:

* Headquarters and Headquarters Company, 1st Battalion, 16th Infantry Regiment, from 12 to 30 April 1969
* Company C, 1st Battalion, 16th Infantry Regiment, from 1 May 1969 to 16 April 1970

5.  He participated in three campaigns during his assignment in Vietnam.

6.  On 26 February 1971, he was honorably released from active duty in the rank of specialist four after completing 3 years of creditable active service with no lost time.  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)
* Combat Infantryman Badge
* Bronze Star Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

7.  There are no orders for award of the Silver Star in the available records.

8.  There is no evidence in the available records showing the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam.

9.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

10.  His name does not appear on the Vietnam casualty roster.

11.  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 for award of the Silver Star or Purple Heart pertaining to the applicant.

12.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

13.  He provided a news article from the Pacific Stars and Stripes, dated 9 September 1969, titled, "They Got The Message."  This article cites enemy engagement involving the 1st Battalion, 16th Infantry Regiment, on an unspecified date.

14.  He provided a letter of recommendation from his employer, dated 1 February 1990, which states:

* he has known the applicant for 12 years
* the applicant has worked for his firm for 6 years
* the applicant is kind and conscientious

15.  He provided a statement from a fellow Soldier at the time in question, dated 8 September 2014, which states:

* the applicant was a member of Company C, 1st Battalion, 16th Infantry Regiment, on 12 August 1969
* on 12 August 1969 the company was engaged in a severe encounter with enemy forces (300-500 enemy soldiers)
* the firefight was intense and if one of the men were not wounded, he would have been a very lucky individual
* he was severely wounded and evacuated
* the applicant was in the thick of the heavy fire from the enemy
16.  He provided a letter from his physician, dated 24 September 2014, which states:

* the applicant received two separate injuries while enlisted
* he was wounded in the right side of the face and scars are evident
* this impact also knocked out his upper front teeth
* he had impact to his left elbow and arm from a tracer bullet

17.  He also provided numerous photographs of Soldiers and military equipment engaged in military operations.

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

19.  Army Regulation 600-8-22 states 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.

20.  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.  There must have been no convictions by a court-martial.

21.  Army Regulation 600-8-22 states a bronze service star is worn on the Vietnam Service Medal for each credited campaign.

22.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The 1st Battalion, 16th Infantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period April to October 1969 by Department of the Army General Orders (DAGO) Number 2, dated 1971 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970

23.  Title 10, U.S. Code, section 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.

24.  The request, along 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.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Tank Weapons Bar.  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

2.  There are no orders for the Silver Star in available records.  As such, there is insufficient evidence on which to base adding this medal to his DD Form 214.

3.  While the available evidence is insufficient for adding award of the Silver Star to his DD Form 214, this in no way affects his right to pursue his claim for award of the Silver Star by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  The applicant contends he was wounded twice in combat in Vietnam.

5.  Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards.  The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by military medical personnel, and documentation of the wound in official records.

6.  There are no orders for the Purple Heart in the available records.  There is also no evidence in the available records showing he was wounded as a result of hostile action in Vietnam.  The statement provided by a fellow Soldier did not state the applicant was wounded in action on 12 August 1969.  Therefore, there is insufficient evidence upon which to award him the Purple Heart or add the Purple Heart to his DD Form 214.

7.  He was released from active duty in the rank of specialist four with 3 years of creditable active service with no lost time.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 27 February 1968 through 26 February 1971 based on completion of 3 years of qualifying service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

8.  He participated in three campaigns during his assignment in Vietnam which authorizes him award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show these service stars.

9.  His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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 Army Good Conduct Medal (1st Award) for the period 27 February 1968 through 26 February 1971 and

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

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Tank Weapons Bar
* three bronze service stars with his already-awarded Vietnam Service Medal

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 Silver Star or two Purple Hearts 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)                                         AR20140017591



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ABCMR Record of Proceedings (cont)                                         AR20140017591



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