RECORD OF PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: 22 January 2004
         DOCKET NUMBER: AR2003089378

         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Arthur A. Omartian		Member
Mr. Ronald J. Weaver		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, in effect, that his separation document (DD Form 214) be corrected to include all the awards he earned and to show that he completed the Noncommissioned Officer (NCO) school at Fort Benning, Georgia.

2. The applicant states, in effect, that his DD Form 214 does not include two awards of the Bronze Star Medal (BSM), two awards of the Purple Heart (PH), four awards of the Army Commendation Medal (ARCOM), and the Air Medal (AM) he earned. He also states that the DD Form 214 does not document the NCO school he completed at Fort Benning.

3. The applicant provides a copy of his DD Form 214, and copies of two BSM certificates, two PH certificates, four ARCOM certificates, and an AM certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of his DD Form 214 that was issued on 13 November 1969. The application submitted in this case is dated 11 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’s Enlistment Qualification Record (DA Form 20) shows that he was inducted into the Army and entered active duty on 15 December 1967. He was trained in, awarded, and served in military occupational specialty (MOS)
11B (Infantryman) and 11F (Infantry Squad Leader), and the highest rank he attained while serving on active duty was staff sergeant (SSG).

4. Item 38 (Record of Assignments) of the applicant’s DA Form 20 and orders on file in his Military Personnel Records Jacket (MPRJ) confirm that he attended and completed the NCO Combat Leader’s Course at Fort Benning, between 17 May and 13 August 1968.

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5. The applicant’s DA Form 20 also confirms that he served in the Republic of Vietnam (RVN) from 12 November 1968 through 10 November 1969. The
record further shows that during this RVN tour he was assigned to Company E, 75th Infantry Regiment (Rangers) performing duties as an infantry squad leader.

6. Item 40 (Wounds) of the applicant’s DA Form 20 contains two entries that indicate he received fragmentation wounds while serving in the RVN. The first to his waist on 14 February 1969, and the second to his left leg and buttocks on
26 February 1969. Item 41 (Awards and Decorations) list the following awards the applicant earned during his tenure on active duty: National Defense Service Medal (NDSM); Vietnam Service Medal (VSM); Combat Infantryman Badge (CIB); two PHs; four ARCOMs and Valor (“V) Device; RVN Campaign Medal (RVNCM) with 60 Device; Army Good Conduct Medal (AGCM); RVN Civil Actions Honor Medal (RVNCAHM); RVN Gallantry Cross (RVNGC) with Palm; and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7. The applicant’s MPRJ contains copies of the following orders authorizing the awards indicated to the applicant: Special Orders (SO) Number (#) 25, dated
25 January 1969, CIB; General Orders (GO) # 1820, dated 16 February 1969, PH; GO # 2346, dated 1 March 1969, PH 1st Oak Leaf Cluster (OLC);
GO # 3808, dated 29 March 1969, ARCOM with “V” Device; GO # 5061, dated 28 April 1969, ARCOM 1st OLC; GO # 6021, dated 27 May 1969, ARCOM with “V” Device OLC; GO # 7511, dated 26 June 1969, AM; GO # 8017, dated
30 June 1969, BSM; and GO # 2761, dated 15 October 1969, ARCOM 2nd OLC.

8. On 13 November 1969, the applicant was honorably released from active duty after completing 1 year, 10 months, and 29 days of active military service. The DD Form 214 issued to him on that date shows that he held the rank of SSG. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following awards earned by the applicant during his active duty tenure: NDSM; AGCM; VSM; ARCOM; RVNCM; and AM. Item 25 (Education and Training Completed) contains the entry “None.”

9. In addition to providing award certificates for all the awards for which orders were on file in his MPRJ, the applicant also provided a copy of a BSM award certificate, dated 4 November 1969, which indicates that he was awarded the BSM 1st OLC, for the period November 1968 through November 1969.

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10. Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation, in effect at the time of the applicant’s separation, provided for entering all awards earned by a soldier during the period covered by the DD Form 214. It also provided for entering any training courses completed in Item 25. The Enlisted Qualification Record and MPRJ were the record sources to be used in completing an enlisted soldier’s
DD Form 214.

11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-13 contains guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

12. Table B-1 provides guidance on campaigns, service requirements, and inscriptions prescribed for streamers. It shows that based on the dates the applicant served in the RVN, he was credited with participation in the following four campaigns: Vietnam Counteroffensive Phase IV; TET Counteroffensive 1969; Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970.

DISCUSSION AND CONCLUSIONS:

1. The applicant’s contentions that his DD Form 214 did not contain all the awards he earned and did not document an NCO course he completed were carefully considered, and it was determined these claims have merit.

2. The evidence of record confirms that orders were issued awarding the applicant the following awards that were not included in Item 24 of his separation document: four ARCOMs, two of which were earned for heroism with
“V” Device; two PHs; CIB; BSM; AM; and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. Further, the BSM 1st OLC certificate provided by the applicant contains information consistent with his record and is determined to be valid. As a result, it is concluded that all these awards should be added to the applicant’s DD Form 214 at this time.

3. The record also verifies that based on his campaign participation and service in the RVN, the applicant is also entitled to four bronze service stars with his VSM and to the RVNGC with Palm Unit Citation and RVCAHM First Class Unit Citation. These awards should also now be added to Item 24 of his separation document.

4. The applicant’s record further confirms that on 13 August 1968, he completed the NCO Combat Leader’s Course at Fort Benning, Georgia. As a result, it would also be appropriate to add this course to Item 25 of his separation document at this time.

BOARD VOTE:

_JHL___ __AO__ ___RJW__ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and in the interest of justice, to excuse the applicant’s failure to timely file his application within the time prescribed by law. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. amending Item 24 of his 13 November 1969 DD Form 214 to read “Bronze Star Medal (2), Purple Heart (2), Army Commendation Medal (4) with
“V” Device, Air Medal, Combat Infantryman Badge, National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with 60 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar;

b. amending Item 25 of his 13 November 1969 DD Form 214 to read “NCO Combat Leader’s Course, Fort Benning, Georgia, 1968” ; and

c. issuing him a corrected separation document that includes the changes outlined above.





                  Joann H. Langston
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089378
SUFFIX
RECON
DATE BOARDED	2003/11/22
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1969/11/13
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	Overseas Returnee
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 1021	100.0000
2. 46	107.0000
3.
4.
5.
6.