ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 August 2020

	DOCKET NUMBER:  AR20190004617


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) for the period ending 25 July 1967 to show:

	a.  award of the Bronze Star Medal (BSM) and all entitled awards and

	b.  his dates of service in Vietnam.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record) dated 25 January 
2019
*	DD Form 214 for the period ending 31 August 1961

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 (ABCMR) 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:

	a.  He served more than one month in Vietnam.

	b.  He was medically evacuated from Vietnam and he was a patient at Letterman 
Army Medical Center.

	c.  He was released from his patient status and he returned to Vietnam.

	d.  He was recommended for award of the BSM.

3.  Sufficient evidence is contained in the applicant's records for an administrative 
correction of his DD Form 214 for the period ending 25 July 1967 without Board action.  
His DD Form 214 for this period will be administratively corrected to show in:


	a.  item 24 (Decorations Medals, Badges, Commendations, Citations, and Campaign 
Ribbons Awarded or Authorized) – 

*	two bronze service stars to his previously-issued Vietnam Service Medal
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Marksman Marksmanship Qualification Badge with Rifle Bar
*	Marksman Marksmanship Qualification Badge with Machine Gun Bar

	b.  item 30 (Remarks) – his service in Vietnam from 11 April 1966 to 10 April 1967.

4.  The Board will consider the applicant's request for award of the BSM.

5.  On 14 November 1960, the applicant was inducted into the Army of the United 
States.  

6.  He completed training and he was awarded military occupational specialty (MOS) 
11B (Light Weapons Infantryman).

7.  On 31 August 1961, he was honorably discharged.  His DD Form 214 for this period 
shows he completed 9 months and 18 days of net service and he was awarded or 
authorized the:

*	Marksman Marksmanship Qualification Badge with Rifle Bar 
*	Second Class Gunner (Marksman) Marksmanship Qualification Badge with 
Machine Gun Bar 

8.  On 6 July 1964, the applicant enlisted in the Regular Army.

9.  His records contain the following documents:

	a.  1st Cavalry Division (Airmobile), General Orders Number 1772, dated 21 May 
1966, which show he was awarded the Purple Heart for wounds received on 17 May 
1966.

	b.  a Standard Form 89 (Report of Medical History), dated 6 June 1967, which 
shows, in part, in:

		(1)  item 31 (Have you been advised to have any operations?), the applicant 
annotated that he underwent an operation on his arm, hand and middle finger, on 
1 September 1966 at Letterman General Hospital, San Francisco, CA;

		(2)  item 33 (Have you ever had any illness or injury other than those already 
noted?), the applicant annotated that he was wounded in action on 17 May 1967 in the 
Republic of Vietnam on his right arm, hand, finger and face;

		(3)  item 39 (Physician's Summary), in part, his physician noted that the applicant 
injured his right hand on 17 May 1966 in the Republic of Vietnam and that he was hit 
with shrapnel wounds, he had two operations, and the applicant stated he was unable 
to maintain a grip with his right hand.

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

	a.  item 31 (Overseas Service) – 

*	service in Okinawa from 25 November 1962 to 28 June 1964
*	service in Vietnam from 11 April 1966 to 10 April 1967

	b.  item 35 (Record of Assignments), in part – he was assigned to Company A, 
1st Battalion, 12th Cavalry Regiment, 1st Cavalry Division, for the period 19 April 1966 
to 8 April 1967,

	c.  item 40 (Wounds) – fragment wounds to the back of his right arm and face on 
17 May 1966,

	d.  item 41 (Awards, Decorations and Campaigns) – 

*	Parachutist Badge
*	Army Good Conduct Medal
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Vietnam Service Medal
*	National Defense Service Medal
*	Purple Heart
*	Combat Infantryman Badge
*	two overseas service bars
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Air Medal

10.  On 25 July 1967, the applicant was honorably released from active duty.  His 
DD Form 214 shows he completed 3 years, 11 months, and 29 days of net service and 
he was awarded or authorized the:

*	Army Good Conduct Medal
*	Combat Infantryman Badge
*	Parachutist Badge
*	National Defense Service Medal
*	Vietnam Service Medal
*	Purple Heart
*	Republic of Vietnam Campaign Medal with Device (1960)
*	two overseas service bars
*	Air Medal with 1 Oak Leaf Cluster (Numeral 2)


11.  A 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 Awards and Decorations Branch of the U.S. Army Human 
Resources Command, failed to reveal any orders for award of the BSM pertaining to the 
applicant.

12.  His records are void of orders awarding him the BSM.

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board determined there 
is sufficient evidence to grant the applicant partial relief.  

1.  The Board found sufficient evidence to grant the administrative corrections outlined 
in administrative notes (below the signature block).  

2.  However, the Board determined that no documentation was provided or found within 
the record to support awarding the BSM to the applicant or adding it to his records.  His 
records are void of orders awarding him the BSM and the record is void of and the 
applicant failed to provide any other documentation that may have provided 
independent, corroborating evidence that the applicant was awarded the BSM.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  

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 the Army records of the individual concerned be corrected by executing 
the actions described in Administrative Note(s) below.  

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 the applicant's BSM.  


	  
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 records shows:

	a.  he was awarded or authorized the following awards not listed on his 
DD Form 214 for the period ending 25 July 1967 – 

*	two bronze service stars to his previously-issued Vietnam Service Medal
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Marksman Marksmanship Qualification Badge with Rifle Bar 
*	Marksman Marksmanship Qualification Badge with Machine Gun Bar 

	b.  his service in Vietnam from 11 April 1966 to 10 April 1967 is not shown on his 
DD Form 214 for the period ending 25 July 1967.



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 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  

	a.  The BSM is awarded to any person who, while serving in any capacity in or with 
the Armed Forces of the United States, or a friendly foreign nation, after 6 December 
1941, distinguished himself or herself by heroic or 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.  One bronze service star is authorized with the Vietnam Service Medal for each 
campaign during which a member was assigned or attached to and present for duty with 
a unit during the period in which it participated in combat.

	c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign 
Participation Credit Register), in effect at the time, contained a register of unit citations 
and campaign participation credits for the Vietnam Conflict, the Grenada Operation, and 
the period of service subsequent to the Vietnam Conflict up to February 1986.  This 
pamphlet shows 1st Battalion, 12th Cavalry Regiment, was awarded the Republic of 
Vietnam Gallantry Cross Unit Citation by Department of the Army General Orders 
Number 56, dated 1969, for the period 9 August 1965 to 19 May 1969.

//NOTHING FOLLOWS//









ABCMR Record of Proceedings (cont)	 AR20190004617
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