RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 January 2008
	DOCKET NUMBER:  AR20070013083 


	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.


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	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, in effect, that the Bronze Star Medal and the Purple Heart be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, he would like to have his DD Form 214 reflect the issuance of his Bronze Star Medal and Purple Heart.

3.  In support of his request, the applicant provides a copy of the certificates for awards of the Bronze Star Medal and the Purple Heart he received.

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.  The applicant’s records show that he was inducted into the Army of the United States on 8 April 1968.  He completed basic combat training at Fort Bliss, Texas, and his advanced individual training at Fort Ord, California.  After completing all required training, he was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 18 March 1969 through 26 October 1969, with Company C, 4th Battalion, 21st Infantry Battalion, 11th Infantry Brigade.

4.  The applicant was honorably released from active duty, on 17 April 1970, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service.  He was separated in the rank and pay grade of Sergeant, E-5.  On the date he was released from active duty, he had completed 1 year, 11 months, and 28 days active military service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the National Defense Service Medal; the Vietnam Service Medal; the Combat Infantryman Badge; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle].  No other awards or decoration are shown on the DD Form 214.

6.  The applicant was awarded the Purple Heart, for wounds received in connection with military operations against a hostile force, on 12 June 1969, by General Orders Number 4872, published by Headquarters, Americal Division, on 14 June 1969.  The Purple Heart is not shown on the applicant's DD Form 214.

7.  There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Bronze Star Medal.

8.  There are no orders in the applicant's military personnel records awarding him the Bronze Star Medal; however, a copy of a letter from the Office of The Adjutant General, U.S. Army Administration Center, St. Louis, Missouri, Subject:  Transmittal of Award Elements, dated 26 April 1971, is on file in the applicant's service personnel record.  Even though a copy of the appropriate general orders were not found in the Awards and Decorations Computer Assisted Retrieval System, this letter of transmittal shows the applicant was awarded the Bronze Star Medal by General Orders Number 1675 published by the Americal Division on 19 February 1970.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for his campaign participation.

10.  While in Vietnam, the applicant participated in the following two campaigns of the Vietnam War:  the Tet 69 Counteroffensive, 1969 which extended from
23 February through 8 June 1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969.

11.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

12.  The applicant served in Vietnam in excess of six months.  He was awarded the Vietnam Service Medal.  His DD Form 214 does not show his entitlement to the Republic of Vietnam Campaign Medal with Device (1960).

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 24 August 1969 through 31 December 1969, by Department of the Army General Order (DAGO) Number 42, dated 1972.  This unit award is not shown on the applicant's DD Form 214.

14.  AR 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.

15.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

16.  AR 670-1, in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  One overseas service bar is authorized for each six-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  Despite the lack of appropriate general orders, the evidence of record shows the applicant was awarded the Bronze Star Medal by appropriate general orders 

published by the Americal Division on 19 February 1970.  He is therefore entitled to have this award added to his DD Form 214.

2.  The applicant was awarded the Purple Heart, for wounds received in connection with military operations against a hostile force, on 12 June 1969.  The Purple Heart is not shown on his DD Form 214.  He is entitled to have this award added to his DD Form 214.

3.  The applicant participated in two campaigns during his tour of duty in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have them shown on his DD Form 214.

4.  The applicant served in Vietnam in excess of six months during the qualifying period.  He was awarded the Vietnam Service Medal and qualified for award of the Republic of Vietnam Campaign Medal with Device (1960).  He is entitled to have this award added to his DD Form 214.

5.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  This unit award is not shown on his DD Form 214.  He is entitled to have this unit awards added to his DD Form 214.

6.  The applicant served in Vietnam for a total of eight months, including the month of his arrival and the month of his departure from Vietnam.  He is therefore entitled to award of one overseas service bar and to have it added to his DD Form 214.

BOARD VOTE:

__x__  __x__  _x___  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: 

	a.  adding the already-awarded Bronze Star Medal and the Purple Heart to the applicant's DD Form 214;

b.  awarding the applicant two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, to denote his participation in two campaigns while he served in Vietnam, and to be shown on his DD Form 214 as the Vietnam Service Medal, with two bronze service stars;

c.  awarding the applicant the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these awards to his DD Form 214; and

	d.  awarding the applicant one overseas service bar and adding this overseas service bar to his DD Form 214.




	______x ____
          		CHAIRPERSON


INDEX

CASE ID
AR20070013083
SUFFIX

RECON

DATE BOARDED
20080125
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
107.0015
3.
107.0014
4.

5.

6.