IN THE CASE OF:	  

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20140021310 


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 award of the Purple Heart (PH), Bronze Star Medal (BSM), and Army Commendation Medal (ARCOM).

2.  The applicant states he does not know why these awards were omitted from his DD Form 214.

3.  The applicant provides:

* PH Certificate and orders
* BSM Certificate
* ARCOM Certificate
* DD Form 214

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 10 August 1965 for a period of 3 years.  He arrived in Vietnam on 4 December 1967.  He served as a light weapons infantryman assigned to Company E, 1st Battalion (Airborne), 506th Infantry Regiment, in Vietnam from 6 December 1967 to 2 August 1968.  He participated in three campaigns during his assignment in Vietnam.

3.  Headquarters, 12th Evacuation Hospital, General Orders Number 141, dated 22 June 1968, awarded him the PH for wounds received in action on 19 June 1968 in Vietnam.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the BSM or ARCOM as authorized awards.

6.  On 3 August 1968, he was honorably released from active duty in the temporary rank of sergeant after completing 2 years, 11 months, and 24 days of creditable active service with no lost time.

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

* Combat Infantryman Badge
* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal

8.  There are no orders for the ARCOM in the available records.  However, he provided an ARCOM Certificate, dated 6 September 1968, which shows he was awarded the ARCOM for exceptionally meritorious achievement during the period 1 March 1968 to 31 July 1968 in Vietnam.

9.  There are no orders for the BSM in the available records.  However, he provided a BSM Certificate, dated 21 October 1968, which shows he was awarded the BSM for meritorious achievement during the period 2 December 1967 to 2 August 1968 in Vietnam.

10.  There is no evidence indicating he was awarded the Army Good Conduct Medal (AGCM).  There is also no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.

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 the BSM or ARCOM pertaining to the applicant.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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 court-martial.

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

	a.  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.

	b.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in the line of duty

	d.  A bronze service star is worn on the Vietnam Service Medal for each credited campaign.

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, 506th Infantry Regiment, was awarded the:

* Valorous Unit Award (VUA) for the period 13 June 1968 to 23 September 1968 by Department of the Army General Orders (DAGO) Number 52, dated 1974
* Meritorious Unit Commendation (MUC) for the period 14 March 1968 to 3 October 1968 by DAGO Number 51, dated 1971
* the 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

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the PH for wounds received in action on 19 June 1968.  Therefore, his DD Form 214 should be corrected to show this award.

2.  There are no orders for award of the BSM or ARCOM in the available records.  In the absence of orders, the BSM and ARCOM Certificates provided by the applicant are not sufficient as a basis for adding these awards to his DD Form 214.

3.  He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this medal.

4.  He was released from active duty in the temporary rank of sergeant with almost 3 years of creditable active service with no lost time.  It appears he met the eligibility criteria for the AGCM (1st Award) for the period 10 August 1965 through 3 August 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

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

6.  His unit in Vietnam awarded the VUA, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  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 AGCM (1st Award) for the period 10 August 1965 through 3 August 1968,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214, and

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

* PH
* AGCM (1st Award)
* Vietnam Service Medal with three bronze service stars
* VUA


* MUC
* 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 adding award of the BSM or ARCOM 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)                                         AR20140021310



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ABCMR Record of Proceedings (cont)                                         AR20140021310



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