IN THE CASE OF:  	  

		BOARD DATE:  23 July 2015	  

		DOCKET NUMBER:  AR20140019574 


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 he was awarded the Purple Heart and the Bronze Star Medal.

2.  The applicant states the clerk who completed his DD Form 214 mostly likely overlooked these awards while preparing his DD Form 214.

3.  The applicant provides:

* Special Orders Number 167, dated 1968
* a letter pertaining to the Purple Heart
* a Purple Heart Certificate 
* DA Form 2496 (Disposition Form), dated 24 March 1969
* a Bronze Star Medal Citation
* copies 1 and 2 of his DD Form 214 for the period ending 1 June 1970 

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 2 June 1967, held military occupational specialty 11B (Light Weapons Infantryman), and attained the rank/grade of specialist four (SP4)/E-4.

3.  Special Orders Number 173, issued by Headquarters, U.S. Army Training Center, Fort Campbell, Kentucky on 18 July 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

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

* He was assigned to Vietnam from 4 December 1967 to 1 December 1968 and served with Company B, 1st Battalion (Airborne), 502nd Infantry from 
6 December 1967 to 5 January 1968; and served with Company B, 1st Battalion (Airborne), 506th Infantry from 6 January 1968 to 29 November 1968
* Special Orders Number 145, issued by Headquarters, 3rd Training Brigade, Fort Gordon, Georgia on 12 September 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* in item 40 (Wounds), he received a gunshot wound to his chest on 
25 April 1968

5.  Orders Number 167 (referred to as both Special Orders and General Orders), issued by Headquarters, 12th Evacuation Hospital, Vietnam on 27 July 1968, awarded him the Purple Heart for wounds he received in connection with military operations against a hostile enemy force on 25 July 1968.

6.  The applicant provided a Purple Heart Certificate that shows he was awarded the Purple Heart for wounds he sustained in action on 25 July 1968.

7.  He provided a DA Form 2496, dated 24 March 1969, and a Bronze Star Medal Citation for the period 1 January 1968 to 31 August 1968.

	a.  The DA Form 2496 is titled "Transmittal of Award" and shows the Commanding General, 82nd Airborne Division, Fort Bragg, NC forwarded the documents pertaining to an award of the Bronze Star Medal to the Commanding Officer, 325th Infantry Regiment, Fort Bragg NC.
	b.  The only documents listed as having been received were a certificate and citation for award of the Bronze Star Medal.  The General Orders awarding the Bronze Star Medal were not provided or forwarded to the 82nd Airborne Division.

8.  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 and maintained by the U.S. Army Human Resources Command, failed to reveal orders that show the applicant was awarded the Bronze Star Medal.

9.  He was honorably released from active duty on 1 June 1970.  His DD Form 214 shows:

	a.  His last duty assignment was listed as Company C, 2nd Battalion, 505th Infantry Regiment, Fort Bragg, NC.

	b.  He completed 3 years of total active service, of which 11 months and        28 days were credited as foreign service.

	c.  He was awarded or authorized the:

* National Defense Service Medal 
* Army Good Conduct Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge

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

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in, and 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 the following five campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)

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, during his service in Vietnam with the 1st Battalion, 506th  Infantry, this unit was cited for award of the:

a. Valorous Unit Award for the period 13 June to 23 September 1968 by
Department of the Army General Orders (DAGO) Number 52 dated 1974; 

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 19 July 1968 to 14 May 1969 by DAGO Number 43, dated 1970; and

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 3 October 1968 to 2 May 1970, by DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was issued orders that awarded him the Purple Heart.  This award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart.

2.  There is insufficient evidence to show he was awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations, which include the Bronze Star Medal, formal recommendation, approval through the chain of command, and announcement in orders are required.  The documents he provided as evidence indicate that only a certificate and citation were issued, but not formal orders.  Lacking official orders, there is insufficient evidence to justify adding this award to his DD Form 214.

3.  The evidence of record shows he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star affixed to his previously awarded Vietnam Service Medal.

4.  General Orders awarded his unit in Vietnam the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards

5.  Special Orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to add these marksmanship badges.

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 deleting from his DD Form 214 the Vietnam Service Medal and adding the:

* Purple Heart
* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Action Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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 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)                                         AR20140019574





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ABCMR Record of Proceedings (cont)                                         AR20140019574



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