RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20070009158 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Gerald J. Purcell

Member

Mr. John G. Heck

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

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


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Bronze Star Medal.

2.  The applicant states that the Bronze Star Medal is not entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and the certificate and corresponding citation showing his award of the Bronze Star Medal. 

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, 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.  On 29 February 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 31M2O (Radio Relay and Carrier Operator).

3.  Special Orders Number 104, United States Army Training Center, Infantry, Fort Bragg, North Carolina, dated 13 April 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 219, United States Army Southeastern Signal School, Fort Gordon, Georgia, dated 11 September 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  On 19 October 1968, the applicant was assigned for duty as a radio relay and carrier operator with the 3rd Brigade, 9th Infantry Division, in the Republic of Vietnam.  On 23 January 1969, he was reassigned to the 9th Signal Battalion, 9th Infantry Division.  
6.  General Orders Number 10039, 9th Infantry Division, dated 11 July 1969, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period from October 1968 to July 1969.

7.  He was returned the United States on 27 February 1970.

8.  On 27 February 1970, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
11 months, and 29 days of creditable active duty.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Army Commendation Medal with First Oak Leaf Cluster, Good Conduct Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).  It does not show award of the Bronze Star Medal or any marksmanship qualification badges.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following 4 campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive, 1969; and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 3rd Brigade, 9th Infantry Division, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 31, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in the DAGO Number 59, dated 1969, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  





DISCUSSION AND CONCLUSIONS:

1.  General orders show that the applicant was awarded the Bronze Star Medal.  Therefore, his records should be corrected to show this award.

2.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

3.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his records should be corrected to show this award.

4.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his records should be corrected to show this award.

5.  Records show that the applicant's unit was cited in general orders for 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.  Therefore, his records should be corrected to show these foreign unit awards.   

BOARD VOTE:

_GJP ___  __WDP _  __JGH __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Bronze Star Medal, four bronze service stars to be 


affixed to his already awarded Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship 
Qualification Badge with Rifle Bar (M-14), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




	__     William D. Powers____
          		CHAIRPERSON




INDEX

CASE ID
AR230070009158
SUFFIX

RECON
 
DATE BOARDED
20071127 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0014
2.

3.

4.

5.

6.