IN THE CASE OF:	  

		BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150001159 


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 (Report of Transfer or Discharge) to show award of the Purple Heart with Oak Leaf Cluster, Bronze Star Medal, and all other authorized awards.  

2.  The applicant states that he has the orders and citation for the Bronze Star Medal and his medical records show he was injured twice.

3.  The applicant provides copies of a letter from the National Personnel Records Center; certificate, citation and orders for the Bronze Star Medal; Army Commendation Medal Certificate; DD Form 214 for the period 13 May 1970 to 22 February 1972; DD Form 214 and Honorable Discharge Certificate for the period 6 through 12 May 1970;  NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) for the period 17 April 1972 to 16 July 1973; State of Illinois discharge orders; and Federally Recognized Army National Guard Honorable Discharge Certificate; Honorable Discharge Certificate and orders, dated I May 1976; and two certificates of appreciation.   

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 served in the Army of the United States from 6 to 12 May 1970 until he was discharged for immediate reenlistment.  He enlisted in the Regular Army on 13 May 1970.  He completed basic training and advanced individual training as a ground surveillance radar operator in military occupational specialty 17K and he was assigned to Vietnam.

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

a. item 31 (Foreign Service) Vietnam service from 15 October 1970 to 
14 October 1971. 
   
   b.  item 38 (Record of Assignments). 

* the 269th Radar Detachment from 21 October 1970 to 16 June 1971
* the 267th Field Artillery Detachment (Radar) form 17 June to 11 October 1971
* he had exclusively excellent conduct and efficiency ratings

   c.  item 40 (Wounds) is blank.

   d.  item 41 (Awards and Decorations) – 

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Commendation Medal
* Army Commendation Medal with 1st Oak Leaf Cluster 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  General Orders Number 1469 issued by Headquarters, U.S. Army Support Command dated 27 October 1971, awarded the applicant the Bronze Star Medal for meritorious service from July 1970 to September 1971. 




5.  He was honorably released from active duty on 22 February 1972, in pay grade E4.  His DD Form 214 lists his authorized awards as the – 

* National Defense Service Medal 
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal with one bronze service star
* Army Commendation Medal with 1st Oak Leaf Cluster 

6.  Orders in his record show he was awarded the Army Commendation Medal with Oak Leaf Cluster and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

7.  The available evidence does not show the applicant was treated for a wound sustained while in action against the enemy as a result of enemy action.  There are no medical records available showing such treatment and his name does not appear on the Vietnam casualty Roster or in any data base maintained by the National Archives.

8.  However, the applicant does appear to be eligible for other awards as follows: 

   a.  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 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.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

   b.  Army Regulation 600-8-22 (Military Awards) states:
   
   (1)  The Purple Heart is awarded for a wound sustained while in action against or an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that 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.

   (2)  A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The applicant’s tour coincided with the following two campaign periods – 
   
* Vietnam Counteroffensive Phase VII from 1 July 1970 to 30 June 1971
* Consolidation I from 1 July to 30 November 1971
   
   c.  Department of the Army General Order Number 8, dated 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters U.S. Army Vietnam and subordinate units for the period 20 July 1964 to 28 March 1973 .

9.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22, which gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1. The applicant requests that the Bronze Star Medal and two awards of the Purple Heart be added to his DD Form 214. 

2.  The available evidence does not show the applicant sustained a wound or injury while in action against the enemy as a result of enemy action and there are no medical records available that show such treatment.  His name does not appear on the Vietnam Casualty Roster or in any database maintained by the National Archives.

3.  Available orders show he was awarded the Bronze Star Medal.

4.  Notwithstanding the absence of a commander’s recommendation for the Army Good Conduct Medal the applicant distinguished himself by his exclusively excellent conduct and efficiency ratings and his combat service.  He should be awarded the Army Good Conduct Medal at this time.

5.  He served during two designated campaign periods and is entitled to wear the Vietnam Service Medal with two bronze service stars.

6.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation.

7.  All of the above awards should be added to his DD Form 214.

8.  The inclusion of the applicant’s Army National Guard (ARNG) documents suggests that he may believe there are awards missing from his NGB Form 22.  However, this Board has no authority to correct ARNG documents; it could only make a recommendation if there was evidence that something is missing and there is no such evidence.

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:

	a.  awarding him the Army Good Conduct Medal for the period 13 May 1970 to 22 February 1971.

	b.  deleting the Vietnam Service Medal with one bronze service star from his DD Form 214; and

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

* Bronze Star Medal
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar  

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 correcting his DD Form 214 to show award of the Purple Heart, Purple Heart with Oak Leaf Cluster, or awards other than those listed above.  



      _______ _   _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)                                         AR20150001159



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ABCMR Record of Proceedings (cont)                                         AR20150001159



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