IN THE CASE OF: BOARD DATE: 21 July 2011 DOCKET NUMBER: AR20110000340 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 22 March 1970 to show the following awards: * 2 Purple Hearts * 2 Bronze Star Medals * Army Commendation Medal * Silver Star * Combat Infantryman Badge * Army Good Conduct Medal * 2 Silver and 2 Bronze Oak Leaf Clusters for his Air Medal 2. The applicant states when he applied to join the Military Order of the Purple Heart he requested his DD Form 214 from the National Personnel Records Center and discovered many of his awards were not listed on his DD Form 214. 3. The applicant provides: * 2 Purple Heart certificates * 1 Bronze Star Medal certificate * 3 Air Medal certificates * 1 Air Medal citation * a Corporate Award and Rating Data screen display * a self-authored statement 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 18 June 1965. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 56E (Stevedore). The highest rank/grade he attained during this period of service was sergeant (SGT)/E-5. He was reassigned to the Republic of Vietnam (RVN) on 10 September 1966, where he was assigned to the 300th Transportation Company. While in the RVN, he was honorably discharged on 17 July 1967 for the purpose of immediate reenlistment. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Automatic Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Mortar Bar 3. The applicant reenlisted on 18 July 1967 for a period of 3 years. The highest rank/grade he attained during this period of service was staff sergeant (SSG)/ E-6. On 1 August 1967, he was reassigned to the 562d General Supply Company and further reassigned to Company D, 1st Battalion, 7th Cavalry, 1st Cavalry Division on 19 August 1967, where he remained until he was reassigned to the Medical Holding Detachment, Camp Zama, Japan in a patient status on 2 February 1968. He was subsequently reassigned to Kimbrough Army Hospital, Fort Meade, MD on 12 February 1968 for further treatment. 4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served a second tour of duty in the RVN. He was assigned to the: * 264th Transportation Company from 3 October 1968 to 16 March 1969 performing duties has a hatch foreman in MOS 57H * Company D, 1st Battalion, 7th Cavalry, 1st Cavalry Division from 18 March 1969 to 18 March 1970 as a squad leader in MOS 11H 5. On 22 March 1970, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. Item 24 of his DD Form 214 for this period of service shows the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal 6. Special Orders Number 267, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 6 October 1967, awarded him the Combat Infantryman Badge. 7. General Orders Number 201, issued by the same headquarters, dated 11 January 1968, awarded him the Air Medal for the period September 1966 to December 1967. 8. General Orders Number 2576, issued by the same headquarters, dated 23 April 1968, awarded him the Bronze Star Medal for meritorious service for the period March 1967 to March 1968. 9. General Orders Number 11565, issued by same headquarters, dated 22 September 1969, awarded him the Air Medal (Third Oak Leaf Cluster) for the period March 1969 to September 1969. 10. Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service. His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal. However, his record does contain two instances of nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) for: a. failing to have a clean uniform and rifle while attending basic combat training, and b. wrongfully appropriating food of a value of less than $5.00 from his unit mess hall while attending advanced individual training. 11. Item 40 (Wounds) of his DA Form 20 shows the entry "FW - L LEG, L SIDE, BACK, CHIN---5Jan68" indicating he sustained fragmentation wound(s) to his left leg, and left side, back, and chin on 5 January 1968. 12. Item 41 (Awards and Decorations) of his DA Form 20 shows, in part, award of the: * Purple Heart by General Order 23, issued by Headquarters, 6th Evacuation Hospital * RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 59, dated 25 September 1969 13. Item 41 does not show award of a Silver Star, second Bronze Star Medal, second Purple Heart, or the Army Commendation Medal and his official military personnel file does not contain orders awarding him any of these awards. 14. The applicant provided photocopies of two Purple Heart certificates. The first certificate, dated 10 January 1968, does not identify a date of wound received. The second certificate states: “for wounds received in action on 4 January 1968.” 15. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as being wounded in action in the RVN. 16. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Silver Star, Bronze Star Medal, Purple Heart, or the Army Commendation Medal pertaining to the applicant. 17. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a direct 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 military personnel, and the medical treatment must have been made a matter of official record. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force explosion, or agent. 18. Army Regulation 600-8-22 states the Army Commendation Medal 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. 19. Army Regulation 600-8-22 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. 20. Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. 21. Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. This regulation further states that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal. 22. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal. It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were considered only a departure point. 23. 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: a. 300th Transportation Company, the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for the period 4 January through 31 July 1967 by Department of the Army General Order (DAGO) Number 28, dated 1969; b. 562nd General Supply Company, the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation for the period 26 January through 31 December 1967 by DAGO Number 18, dated 1969; c. 1st Battalion, 7th Cavalry, the unit to which the applicant was assigned, was cited for award of the: (1) Valorous Unit Award for the period 1 October through 31 October 1967 by DAGO Number 39, dated 1970; (2) RVN Gallantry Cross with Palm Unit Citation for the period 17 November 1965 through 19 May 1969 by DAGO Number 70, dated 1969; (3) RVN Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 by DAGO Number 11, dated 1973; (4) RVN Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by DAGO Number 42, dated 1972; and (5) RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972. 24. Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received. 25. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following eight campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969) * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) 26. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214. Each entry will be verified by the Soldier’s record. 27. Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion. It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation. Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration. 28. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION AND CONCLUSIONS: 1. General orders awarded the applicant the Purple Heart for wounds sustained in action in the RVN on 5 January 1968, as evidenced by entries in items 40 and 41 of his DA Form 20. Therefore, it would be appropriate to correct his DD Form 214 for the period ending 22 March 1970 to show this award. 2. The applicant contends he should be awarded a second Purple Heart. His record is void of any orders or other documents and he has not provided sufficient corroborating evidence indicating he was wounded a second time. Therefore, he is not entitled to a second award of the Purple Heart. 3. Special orders awarded him the Bronze Star Medal for meritorious service in the RVN. Therefore, his DD Form 214 for the period ending 22 March 1970 should be corrected to show this award. 4. The applicant’s record is void of any evidence and he has not provided any evidence that shows he was either recommended for or awarded the Silver Star, second Bronze Star Medal, or the Army Commendation Medal. In the absence of such evidence, there is no basis for granting this portion of his request. 5. Special orders awarded him the Combat Infantryman Badge for his service in the RVN. Therefore, his DD Form 214 for the period ending 22 March 1970 should be corrected to show this award. 6. The evidence of record confirms he served honorably during the period 18 June 1965 through 22 March 1970. He completed multiple tours in the RVN, he received "excellent" conduct and efficiency ratings throughout his service, and he attained the rank/grade of SSG)/E-6. His record shows he accepted NJP on 2 August and 12 November 1965 early during his military service. However, aside from these minor offenses, his record does not contain any other derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on his completion of a qualifying period of Federal military service from 18 June 1965 through 17 June 1968 and to correct his DD Form 214 for the period ending 22 March 1970 to show this award. 7. With respect to the Air Medal, general orders show he was awarded the Air Medal (3rd oak leaf cluster), which now equates to the Air Medal with Numeral "4." Therefore, his DD Form 214 should be corrected to show the Numeral "4" with his already-awarded Air Medal. However, there is no available evidence and he did not provide any evidence showing he was awarded any additional awards of the Air Medal in excess of four awards stated above. Therefore, he is not entitled to correction of his DD Form 214 to show any additional awards of the Air Medal in excess of the four as being corrected. 8. Records show the applicant participated in eight campaign phases during his service in the RVN. Therefore, he is entitled to one silver service star and three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 22 March 1970 to show these service stars. 9. The applicant's units in the RVN were awarded multiple unit awards during his period of assignment. Therefore, his DD Form 214 for the period ending 22 March 1970 should be corrected to show the: * Meritorious Unit Commendation (2nd Award) * Valorous Unit Award * RVN Gallantry Crosses with Palm Unit Citation (3rd Award) * RVN Civil Actions Honor Medal First Class Unit Citation 10. While the available evidence is insufficient for awarding the applicant the Silver Star, second award of the Bronze Star Medal, and the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. 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. deleting from item 24 of his DD Form 214 for the period ending 22 March 1970 the Air Medal and the Vietnam Service Medal; b. awarding him the Army Good Conduct Medal (1st Award) for the period 18 June 1965 through 17 June 1968; and c. adding to item 24 of his DD Form 214 for the period ending 22 March 1970 the: * Bronze Star Medal * Purple Heart * Air Medal with Numeral “4” * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star and three bronze service stars * Combat Infantryman Badge * Valorous Unit Award * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award) * Republic of Vietnam Civil Actions Honor Medal First Class 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 showing award of the Silver Star, second Bronze Star Medal, second Purple Heart, any additional awards of the Air Medal beyond four awards, and the Army Commendation 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) AR20110000340 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110000340 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1