RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 9 December 2003
         DOCKET NUMBER: AR2003089116


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Maria C. Sanchez		Analyst

The following members, a quorum, were present:

Mr. Mark D. Manning		Chairperson
Mr. Raymond J. Wagner		Member
Ms. Eloise C. Prendergast		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests correction for his DD Form 214 (Report of Transfer or Discharge) to show he was awarded the Purple Heart, a second award of the Bronze Star Medal with “V” Device and to show he received a Certificate of Achievement for Vietnam service.

2. The applicant states that the decorations and certificate of achievement should be listed on his DD Form 214.

3. The applicant also states that he discovered the error on his DD Form 214 during “2002.”

4. The applicant provides copies of the award certificates and the orders awarding him the Purple Heart, the Bronze Star Medal with “V” Device for heroism and the Bronze Star Medal (First Oak Leaf Cluster). He also provides a copy of a 24 February 1970 recommendation for award of a U.S. Army Vietnam (USARV) Certificate of Achievement and a copy of a USARV Certificate of Achievement for Vietnam service.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of error which occurred on 19 March 1970, the date of his release from active duty. The application submitted in this case is dated 1 April 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant entered into the Regular Army on 23 April 1968 at Fort Dix, New Jersey. He completed basic and advanced training and was awarded the military occupational specialty 11B10 (light weapons infantryman). He subsequently completed the Noncommissioned Officer Candidate School and was promoted to Sergeant/pay grade E-5 effective 10 December 1968.

4. The applicant served in Vietnam from 28 February 1969 to 17 March 1970. He was honorably separated from active duty on 19 March 1970.

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5. The applicant’s DD Form 214 does not show the award of the Purple Heart in item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). Item 24 shows only one award of the Bronze Star Medal. It appears that these awards were omitted due to administrative oversight at the time of the applicant’s separation from active duty.

6. Records show that on 28 February 1969, the applicant arrived in Vietnam and was assigned to Company C, 4th Battalion, 23rd Infantry of the 25th Infantry Division as an Infantry Team Leader.

7. The applicant’s military records contain a telegram, dated 27 July 1969, which informed family members that the applicant was wounded in action in Vietnam on 23 July 1969. The telegram states that the applicant’s right hand was wounded when he came under a mortar attack while on a combat operation.

8. The applicant’s military records contain Headquarters, 25th Infantry Division, General Orders Number 9769, dated 26 July 1969, awarded the applicant the Purple Heart for wounds received in action on 23 July 1969.

9. The applicant’s military records contain Headquarters, 25th Infantry Division, General Orders Number 9139, dated 14 July 1969, awarded the applicant with the Bronze Star Medal for Heroism.

10. On 3 September 1969, the applicant was reassigned in Vietnam to the Security Detachment of Headquarters, U.S. Army Vietnam Special Troops, as a squad leader. On 24 February 1970, the applicant received a U.S. Army Vietnam Certificate of Achievement in recognition of his meritorious performance of duty for the period September 1969 to March 1970.

11. The applicant’s military records contain Headquarters, U.S. Army Vietnam General Orders Number 576, dated 4 March 1970, awarded the applicant the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force in Vietnam.

12. The applicant’s military records show that he participated in three campaigns while serving in Vietnam: the TET 69 Counteroffensive, the Vietnam SummerFall 1969 and the Vietnam Winter-Spring 1970 campaigns.

13. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

14. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to the 4th Battalion of the 23d Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 5, dated 1973.

15. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 4th Battalion of the 23d Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters Department of the Army General Orders Number 51, dated 1971.

16. Army Regulation 635-5 (Separation Documents) provides that item 24 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1. In this case, the applicant failed to file the application within the 3-years of the date that the administrative error occurred. However, the applicant has satisfactorily demonstrated through submission of relevant evidence that it would be in the interest of justice to excuse the failure to timely file.

2. General Orders show the applicant is entitled to the award of the Purple Heart.

3. General Orders show the applicant is entitled to the award of the Bronze Star Medal with “V” Device for action on 19 June 1969.

4. General Orders show the applicant is entitled to the award of the Bronze Star Medal (First Oak Leaf Cluster) for service.

5. Records show the applicant participated in three campaigns during his service in Vietnam. Therefore, he is entitled to award of three bronze service stars to be worn on his Vietnam Service Medal.

6. Department of the Army General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7. Army Regulation 635-5 does not permit entries for certificates of achievement or letters of appreciation on the DD Form 214.

BOARD VOTE:

_MDM__ _ECP___ _RJW____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the Purple Heart, the Bronze Star Medal (First Oak Leaf Cluster) with “V” Device, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2. The Board further determined that 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 U.S. Army Vietnam Certificate of Achievement.





                  _Mark D. Manning____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089116
SUFFIX
RECON
DATE BOARDED	20031209
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015/PH
3. 60	107.0014/BSM
4. 140	107.0095/RVNGC
5. 141	107.0096/RVNCA
6.