IN THE CASE OF: BOARD DATE: 20 May 2014 DOCKET NUMBER: AR20130016904 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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal. 2. He states he was assigned to the surgical staff at the 93rd Evacuation Hospital in Vietnam. His military obligation was scheduled to end in late June 1970. Unfortunately, his father-in-law suffered a stroke about a week prior to his scheduled departure from Vietnam. He was offered emergency compassionate leave and departed Vietnam. Much of the usual paperwork was not completed. His commanding officer sought him out, shook his hand, and handed him a Bronze Star Medal and accompanying citation based on his work as a surgeon and his willingness to participate voluntarily with a group of hospital personnel providing medical care in local villages. The previous denial of his request indicates that his commanding officer did not file supporting documents for the award. He assumes that occurred because of the unusual nature of his departure from his command as well as the operational stress the 93rd Evacuation Hospital was under due to a large flow of casualties at the time. 3. He provides: * DD Form 214 * Bronze Star Medal Certificate and Citation * his previous application * Record of Proceedings for Army Board for Correction of Military Records (ABCMR) Docket Number AR20120009564 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120009564, on 29 November 2012. 2. The applicant provides a new argument that warrants consideration by the Board. 3. On 21 December 1963, the applicant was appointed as a Reserve commissioned officer in the Army Medical Corps. On 10 July 1968, he was ordered to active duty. 4. His DA Form 66 (Officer Qualification Record) shows in: * item 12 (Appointments), on 14 March 1969, he was appointed as a major/O-4 in the Army of the United States with a date of rank of 25 December 1968 * item 18 (Record of Assignments), he was assigned to duty in Vietnam as a general surgeon with the 93rd Evacuation Hospital from 13 August 1969 to 14 June 1970 * item 21 (Awards and Decorations), no entry indicating he was awarded the Bronze Star Medal 5. A DA Form 67-6 (U.S. Army Officer Efficiency Report) for the period 23 July to 24 December 1969 shows his rater and the indorser stated he had performed his duties as a general surgeon in a combat zone in an outstanding manner. The indorser described the applicant as "a definite asset to the hospital." 6. A memorandum, subject: Authorization for Individual Foreign Award, dated 27 May 1970, shows he was authorized to accept and wear the Armed Forces Honor Medal First Class presented to him by the Government of Vietnam. An attached translation of the citation for the award notes, in part, that he frequently visited remote hamlets and villages to give treatment or provide medicine to the local populace and he assisted the local populace with obtaining construction materials to repair homes damaged by the communist offensive. The citation stated his actions contributed materially to the "heart winning program" promoted by the Government of Vietnam. 7. His record is void of documentation pertaining to the circumstances of his departure from Vietnam. 8. On 22 June 1970, he was honorably discharged by reason of expiration of his active duty commitment. His DD Form 214 shows he was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * one Overseas Service Bar 9. His records do not contain general orders awarding him the Bronze Star Medal. 10. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the Bronze Star Medal to the applicant. 11. He submitted a Bronze Star Medal Certificate, dated 12 June 1970, signed by the Commanding General, U.S. Army Medical Command Vietnam (Provisional), showing he was awarded the Bronze Star Medal for meritorious achievement during the period August 1969 to July 1970. 12. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. 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. b. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. The applicant's service in Vietnam coincided with three campaigns: * Vietnam Summer - Fall 1969 (9 June - 31 October 1969) * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) 13. 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 93rd Evacuation Hospital was cited for award of the: * Meritorious Unit Commendation for the period 1 May to 30 November 1969, by Department of the Army General Order (DAGO) Number 53, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1969 to 15 December 1970, by DAGO 24, dated 1972 14. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The applicant was a field grade Medical Corps officer performing duty in an outstanding manner as a general surgeon in a combat zone. Based on this service, it is reasonable to presume that he would have been recommended for and awarded a Bronze Star Medal at the end of his tour. Although orders for this award are not now available, it is also reasonable to presume that orders were published. The orders were not filed in his record; however, this may have simply been due to his abrupt departure from Vietnam followed closely by his discharge. 2. Although orders are normally required to verify entitlement to the Bronze Star Medal, considering the evidence available in this case, it would be appropriate to correct his DD Form 214 to show he was awarded the Bronze Star Medal. 3. He was authorized to accept and wear the Republic of Vietnam Armed Forces Honor Medal First Class. He is entitled to correction of his DD Form 214 to show this award. 4. Based on his participation in three campaigns during his service in Vietnam, he is entitled to three bronze service stars for wear on his previously-awarded Vietnam Service Medal. His DD Form 214 should be corrected to show these bronze service stars. 5. He served in the 93rd Evacuation Hospital during periods for which the unit was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 should be corrected to show these unit awards. BOARD VOTE: ____x___ ____x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20120009564, dated 29 November 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by making the following deletion from and additions to his DD Form 214: a. delete the Vietnam Service Medal and b. add the: * Bronze Star Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Armed Forces Honor Medal First Class * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation _______ _ _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) AR20130016904 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130016904 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1