RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070015810 


	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. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

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, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart, Bronze Star Medal, Air Medal, and the Republic of Vietnam Campaign Medal with "1960-" Device.

2.  The applicant states that these awards were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and citations and certificates for award of the Purple Heart, Bronze Star Medal, and the Air 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 13 May 1968, the applicant, a staff sergeant, pay grade E-6, in the Kansas Army National Guard, was ordered to active duty.

3.  In November 1968, the applicant was assigned for duty as an infantryman with Company A, 5th Battalion (Airmobile), 7th Cavalry Regiment, 1st Cavalry Division, in the Republic of Vietnam.

4.  General Orders Number 142, 24th Evacuation Hospital, dated 19 June 1969, awarded the applicant the Purple Heart for wounds received in action on 
19 June 1969.

5.  General Orders Number 8231, 1st Cavalry Division, dated 4 July 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight operations in the Republic of Vietnam during the period from 30 November 1968 to 30 May 1969.

6.  General Orders Number 8452, 1st Cavalry Division, dated 10 July 1969, awarded the applicant the Bronze Star Medal for meritorious service in the 
Republic of Vietnam during the period from November 1968 to June 1969.

7.  On 30 September 1969, the applicant was released from active duty and transferred to the Kansas Army National Guard.  He had had completed 1 year, 
4 months and 18 days of creditable active duty during this period.

8.  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, Vietnam Service Medal, Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart, Air Medal, Bronze Star Medal, or the Republic of Vietnam Campaign Medal with "1960-" Device. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with "1960-" Device.  This medal was awarded by the Government of Vietnam 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 more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

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 three campaign periods: the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; 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 7th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 59, dated 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 42, dated 1972, 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 Purple Heart, Air Medal, and Bronze Star Medal for his meritorious achievement or service in the Republic of Vietnam.  Therefore, his records should be corrected to show these awards.

2.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with "1960-" Device.  Therefore, his records should be corrected to show this foreign award.

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

4.  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:

__ RTD __  _RMN   _  __GJP  _  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 Purple Heart, Air Medal, Bronze Star Medal, three bronze service stars to be affixed to his already awarded Vietnam Service Medal, Republic of Vietnam Campaign Medal with "1960-" Device,  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.





__    Richard T. Dunbar___
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.