IN THE CASE OF: BOARD DATE: 20 September 2011 DOCKET NUMBER: AR20110005006 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, Bronze Star Medal, and all other awards to which he may be entitled. 2. The applicant states his DD Form 214 is incorrect because it does not show the Purple Heart, Bronze Star Medal, or any campaigns ribbons. 3. The applicant provides: * a self-authored statement, dated 9 March 2011 * his DD Form 214 * a letter from Army Review Boards Agency, dated 4 March 2011 * a VA Form 21-2138 (Statement in Support of Claim), dated 27 July 2010 * a Standard Form 180 (Request Pertaining to Military Records), dated 26 July 2010 * 2 personal letters he sent from Vietnam * a letter from the Office of the Chief of Legislative Liaison to his Representative in Congress, dated 12 March 1968 * 2 letters to his mother from his Representative in Congress, dated 26 February and 13 March 1968 * a 9-hour liberty pass to the town of An Khe, Vietnam, dated 19 November 1966 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, and 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 7 July 1965 for a period of 3 years. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11C (infantryman indirect fire crewman). The highest rank/grade he attained while on active duty was specialist four (SP4)/E-4. 3. Records show the applicant served two tours in Vietnam. He served with: * Company A, 2nd Battalion, 8th Calvary, 1st Calvary Division during the period 19 December 1965 to 8 December 1966 * Company C, 1st Battalion (Airborne), 508th Infantry Regiment during the period 14 February to 8 June 1968 4. Special Orders Number 164, issued by Headquarters, 1st Training Brigade, Fort Jackson, SC, dated 26 August 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 5. Special Orders Number 150, issued by Headquarters, 3rd Brigade, Fort Jackson, dated 22 October 1965, awarded him the 2nd Class Gunner [Marksman] Badge with Mortar Bar. 6. Special Orders Number 292, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 8 December 1965, awarded him the Parachutist Badge. 7. Special Orders Number 50, issued by Headquarters, 1st Cavalry Division, dated 14 February 1966, awarded him the Combat Infantryman Badge. 8. Special Orders Number 86, issued by Headquarters, 101st Airborne Division, Fort Campbell, KY, dated 25 May 1967, awarded him the Expert Marksmanship Qualification Badge with Flamethrower Bar. 9. On 8 June 1968, he was reassigned to the Medical Holding Detachment, Naval Hospital, Portsmouth, VA. He was subsequently released from active duty on 11 August 1969 at the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 4 years, 1 month, and 5 days of total active service. 10. General Orders Number 191, issued by Headquarters, 3rd Brigade, 82nd Airborne Division, dated 19 November 1968, awarded him the Purple Heart for wounds received in action in Vietnam on 24 May 1968. 11. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at the time shows the: * Air Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 12. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his service * item 41 (Awards and Decorations) the: * Parachutist Badge * Vietnam Service Medal * Combat Infantryman Badge * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Expert Marksmanship Qualification Badge with Flame Thrower Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * 2nd Class [Marksman] Marksmanship Qualification Badge with Mortar Bar 13. The applicant's record does not contain any derogatory or adverse information, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 14. The applicant provided a VA Form 21-2138 in which he states he was awarded the Bronze Star Medal in early 1968. The orders for the award were in his duffle bag and when he was wounded his fellow Soldiers thought he was dead and stole the contents of his duffle bag. 15. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for Bronze Star Medal pertaining to the applicant. 16. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. 17. 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 Vietnam campaign a member is credited with participating in. A silver service star will be worn in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns: * Vietnam Defense Campaign (8 March - 24 December 1965) * Vietnam Counteroffensive (25 December 1965 - 30 June 1966) * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Tet Counteroffensive (30 January - 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) 18. 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 2nd Battalion, 8th Cavalry, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969. 19. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 508th Infantry Regiment, the unit to which the applicant was assigned, was cited for award of the: * Valorous Unit Award for the period 1 May 1968 through 8 January 1969 by DAGO Number 43, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period * 6 October 1968 through 11 November 1969, by DAGO Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class for the period 12 March 1969 through 4 October 1968 by DAGO Number 48, dated 1971 20. 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. DISCUSSION AND CONCLUSIONS: 1. The applicant requests for correction of his DD Form 214 to show his award of the Purple Heart, Bronze Star Medal, and all other awards earned was carefully considered and it was determined to have partial merit. 2. General orders awarded him the Purple Heart for being wounded in action on 24 May 1968. Therefore, his DD Form 214 should be corrected to show this award. 3. There is no evidence in the available record and the applicant did not provide any evidence which shows he was recommended for or awarded the Bronze Star Medal. Although he claims he was issued orders awarding him the Bronze Star Medal, there is no evidence in his available personnel record or in ADCARS to support his claim. Therefore, there is no basis for granting this portion of his request. 4. The evidence of record confirms he served honorably on active duty during the period 7 July 1965 through 11 August 1969. His record is void of any evidence that shows he had time lost or that he received nonjudicial punishment or court-martial action during his period of service. There is no evidence of a suspension of favorable personnel actions or that his commander disqualified him for award of the Good Conduct Medal. Therefore, lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Good Conduct Medal (1st Award) for the period 7 July 1965 through 11 August 1969 and to correct his DD Form 214 to show this award. 5. The applicant participated in five campaign phases during his two tours in Vietnam. Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star. 6. Each of the applicant's units in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD form 214 to show these unit awards. 7. One of his units was also cited for award of the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 8. Special orders awarded him the Combat Infantryman Badge. Therefore, his DD Form 214 should be corrected to show this badge. 9. Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Flamethrower Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Mortar Bar. Therefore, his DD Form 214 should be corrected to show these marksmanship qualification badges. 10. Special orders awarded him the Parachutist Badge. Therefore, his DD Form 214 should be corrected to show this badge. 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 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 the Vietnam Service Medal; b. awarding him the Army Good Conduct Medal (1st Award) for the period 7 July 1965 through 11 August 1969; and c. adding to item 24 of his DD Form 214 the: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation * Combat Infantryman Badge * Parachutist Badge * Expert Marksmanship Qualification Badge with Flamethrower Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Mortar Bar 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 adding the Bronze Star Medal 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) AR20110005006 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110005006 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1