ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20170008653


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show additional awards he received prior to release from active duty:

* Purple Heart (1st Oak Leaf Cluster)
* Bronze Star Medal with V Device (1st Oak Leaf Cluster)
* Air Medal (1st Oak Leaf Cluster)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Purple Heart Certificate dated 27 January 1970
* Purple Heart (1st Oak Leaf Cluster) Certificate dated 27 March 1970
* Bronze Star Medal Citation and Certificate
* General Orders (GO) Number 4041 dated 17 April 1970
* Bronze Star Medal with V Device (1st Oak Leaf Cluster) Certificate dated 29 April 1970
* Air Medal Certificate with a handwritten date of 18 April 1970
* Air Medal Certificate (1st Oak Leaf Cluster) dated 2 July 1970

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states the clerks at Fort Leonard Wood, MO, would not correct his DD Form 214 without making him stay in the Army an additional two weeks.  He had forgotten about the awards until a few years ago, but he would like to have his records corrected with the proof he has provided for the requested awards:


3.  The applicant provides:

   a.  A Purple Heart Certificate, dated 27 January 1970, for wounds received in action in the Republic of Vietnam on 12 January 1970.

	b.  A Purple Heart Certificate, dated 27 March 1970, for wounds received in action in the Republic of Vietnam on 26 March 1970.

	c.  A Bronze Star Medal Certificate, which is illegible; however, he also provides the citation for the Bronze Star Medal.  During the period of March 1970 to April 1970, he consistently manifested exemplary professionalism and initiative obtaining outstanding results.

	d.  General Order (GO) Number 4041, dated 17 April 1970, awarded the Bronze Star Medal with V Device (1st Oak Leaf Cluster) for his exceptionally valorous actions on 26 March 1970.

	e.  A Bronze Star Medal Certificate with V Device (1st Oak Leaf Cluster), dated 29 April 1970, for heroism on 26 March 1970.

	f.  An Air Medal Certificate with a handwritten date of 18 April 1970.

	g.  An Air Medal Certificate, dated 2 July 1970, for meritorious achievement while participating in aerial flight in the Republic of Vietnam from 1969 through 1970.

4.  A review of the applicant’s service record shows:

	a.  He was inducted into the Army of the United States on 20 November 1968.

   b.  He served in Vietnam from 10 November 1969 to 1 April 1970 through one campaign.  He was assigned to Company E, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade as an 11F (Infantry Operations and Intelligence Specialist).

	c.  His DA Form 20 (Enlisted Qualification Record) shows “excellent” in conduct and efficiency during his enlistment from 20 November 1968 to 10 July 1970, a period of 1 year, 7 months, and 21 days.

	d.  GO Number 715, dated 18 January 1970, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 12 January 1970.

	e.  GO Number 2118, dated 5 March 1970, awarded him the Air Medal for meritorious achievement while participating in aerial flight.

	f.  GO Number 3795, dated, 12 April 1970, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force from November 1969 to March 1970.

	g.  GO Number 4041, dated 17 April 1970, awarded him the Bronze Star Medal with V Device (1st Oak Leaf Cluster) for heroism on 26 March 1970. 

   h.  On 10 July 1970, he was honorably released from active duty and transferred to the United States Army Reserve.  His DD Form 214 shows he completed 1 year, 7 months, and 21 days of total active service with 4 months and 22 days of foreign service.  It also shows he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 60 Device
* Bronze Star Medal
* Army Commendation Medal
* Air Medal
* Combat Infantryman Badge
* Purple Heart 
* Sharpshooter Marksmanship Badge with Rifle Bar

5.  A review of the applicant’s record confirms he is eligible for awards that are not recorded on his DD Form 214.  These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board.  The Board will consider award of the Purple Heart (First Oak Leaf Cluster), the Air Medal (First Oak Leaf Cluster), and the Army Good Conduct Medal.

6.  His record is void of derogatory information or record of a trial by court-martial.

7.  He is listed twice on the Vietnam casualty roster as having been twice wounded, on 12 January 1970 and 26 March 1970.

8.  By regulation (AR 600-8-22): 

   a.  The Purple Heart is awarded for a wound/injury sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to:

* verify the wound was the result of hostile action
* the wound must have required treatment by medical personnel
* the medical treatment must have been made a matter of official record

	b.  Award of the Air Medal requires a formal recommendation, approval through the chain of command, and announcement in orders. 

	c.  The criteria for the first award only of the Army Good Conduct Medal, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year, require all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

	d.  A bronze service star is authorized with the Vietnam Service Medal, based on qualifying service for each campaign listed in Appendix B of this regulation. 

	e.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations.

9.  Department of the Army Pamphlet 672-3 (Unit Citations and campaign Participation Credit Register) assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  

10.  Department of the Army General Order (DAGO) Number 42, dated 1972, awarded the 1st Battalion, 52d Infantry, the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam from 24 August 1969 to 31 December 1969 and a second award for service from 31 March 1970 to 30 June 1970.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  Based upon the documentary evidence submitted by the applicant and found within the service record, the Board determined that is sufficient evidence to show that the applicant is eligible and should be awarded a second Purple Heart and an Army Good Conduct Medal, as well as a second Bronze Star Medal with “V” Device as outlined in the administrative notes below.

However, based upon the same documentary review, the Board found insufficient evidence to show that the applicant should be awarded a second Air Medal; thus, recommended denying that portion of the request.


BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Purple Heart (1st Oak Leaf Cluster) and Army Good Conduct Medal.
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 awarding the Air Medal (2nd Award).
3.  Prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommended those changes also be completed to more accurately depict the military record of the applicant.
	 
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.


ADMINISTRATIVE NOTE(S):

A review of the applicant’s service records show he is authorized additional awards not annotated on his DD Form 214.  As a result correct his DD Form 214 as follows: 

* Remove Bronze Star Medal (BSM)
* Add Bronze Star Medal with V Device (1st Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross Unit Citation with Palm (Second Award)
* 1 bronze service star with his already-awarded Vietnam Service Medal

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation (AR) 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

3.  AR 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations.  

   a.  The Purple Heart is awarded in the name of the President of the United States to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after, being wounded: 

* In any action against an enemy of the United States
* In any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged
* While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party.
* As the result of an act of any such enemy of opposing Armed Forces
* As the result of an act of any hostile foreign force

	b.  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. 
4.  Department of the Army Pamphlet 672-3 (Unit Citations and campaign Participation Credit Register) assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  

5.  Department of the Army General Order (DAGO) Number 42, dated 1972, awarded the 1st Battalion, 52d Infantry, the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam from 24 August 1969 to 31 December 1969 and a second award for service from 31 March 1970 to 30 June 1970.


ABCMR Record of Proceedings (cont)	 AR20170008653


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