IN THE CASE OF:	  

		BOARD DATE:	       18 NOVEMBER 2008

		DOCKET NUMBER:  AR20080004258


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Army Commendation Medal with “V” Device.

2.  The applicant states, in effect, the requested correction was the result of an administrative error back in 1967.

3.  The applicant provides a copy of his DD Form 214 and two DD Forms 215 (Correction to DD Form 214).  The DD Forms 215 added the Silver Star, the Purple Heart, and the Army Commendation Medal with One Bronze Oak Leaf Cluster.

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 served in the Army of the United States as an infantryman from 16 December 1965 through 15 December 1967.  He rose to the rank of sergeant (SGT/E-5) during his service.

3.  The applicant served in the Republic of Vietnam (RVN) from 17 July 1966 to 11 July 1967 with Company B, 2nd Battalion (Airborne), 502nd Infantry, 101st Airborne Division.  He performed duties as a rifleman, grenadier, and assistant squad leader.

4.  The applicant’s service records contain the following orders:

	a.  General Orders Number 1339, Headquarters (HQ), 1st Brigade, 101st Airborne Division, RVN, dated 10 December 1966, awarding him the Army Commendation Medal with “V” Device for action occurring on 13 October 1966.

	b.  General Orders Number 571, HQ, I Field Force, RVN, dated 18 July 1967, awarding him the Silver Star for action occurring on 23 March 1967.

	c.  General Orders Number 1339, HQ, 1st Brigade, 101st Airborne Division, RVN, dated 10 August 1967, awarding him the Army Commendation Medal for service 

	d.  General Orders Number 342, HQ, 82nd Airborne Division, Fort Bragg, NC, dated 13 December 1967, awarding him the Good Conduct Medal for the period 16 December 1965 to 15 December 1967.

	e.  Special Orders Number 31, HQ, 1st Training Brigade, Fort Gordon, GA, dated 10 February 1966, awarding him the Marksman Marksmanship Qualifiction Badge with Rifle Bar (M-14).

	f.  Special Orders Number 64, HQ, 3rd Training Brigade, Fort Gordon, GA, dated 5 May 1966, awarding him the Marksman Marksmanship Badge with Auto Rifle Bar.

	g.  Special Orders Number 125, HQ, US Army Infantry center, Fort Benning, GA, dated 1 June 1966, awarding him the Parachutist Badge.

	h.  Special Orders Number 247, HQ, 1st Brigade, 101st Airborne Division, RVN, dated 10 August 1967, awarding him the Combat Infantryman Badge.

	i.  Special Orders Number 153, HQ, 1st Brigade, 101st Airborne Division, RVN, dated 1 June 1967, promoting him to SGT (Permanent).
5.  The applicant’s DD Form 214 was poorly completed back in 1967.  It only shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Expert Marksmanship Badge with Rifle Bar.  It also shows the applicant’s rank as “SGT (T).”  The letter “T” stands for “temporary.”

6.  Two DD Forms 215 were issued to correct the applicant’s DD Form 214.  On 6 March 1974, the Silver Star and the Army Commendation Medal with One Bronze Service Star were added.  On 17 March 1989, the Purple Heart was added for wounds received on 10 June 1967.

7.  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 the unit to which the applicant was assigned was cited for award of:

   a.  The Meritorious Unit Commendation for the period 29 July 1965 to 1 October 1966 by Department of the Army General Order Number 1, dated 1969 (which amended Department of the Army General Order Number 17, dated 1968). 

	b.  The Vietnam Gallantry Cross with Palm Unit Citation for the periods
1-31 July 1966 and 9 December 1966 to 18 January 1967 by Department of the Army General Order Number 21, dated 1969.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that a bronze service star is authorized, based on qualifying service, for each campaign listed in this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  During the applicant’s assignment to the RVN, there were two authorized campaigns – Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967), and Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968).

9.  Army Regulation 635-5 (Separation Documents) 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 establishes standardized policy for preparing and distributing the DD Form 214 and states that on direction of the Army Board for Correction of Military Records, the DD 


Form 214 may be corrected by the use of a DD Form 215.  It also states that when two DD Forms 215 have been issued and an additional correction is required, a new DD Form 214 will be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected by adding the Army Commendation Medal with “V” Device.  General Orders Number 1339 awarded him the Army Commendation Medal with “V” Device.

2.  The applicant’s DD Form 214 is in need of correction; however, he has already received two DD Forms 215.  Therefore he should be issued a new DD Form 214 which corrects his rank (by removing the “T” designation) and accounts for all of his many awards and decorations.

3.  The applicant’s record should be corrected as indicated below.

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.  Voiding his DD Form 214 of 15 December 1967 and the two DD Forms 215 of 6 March 1974 and 17 March 1989; and

	b.  Issuing him a new DD Form 214 showing his rank as SGT and the following awards:  Silver Star, Purple Heart, Army Commendation Medal with “V” Device and Oak Leaf Cluster, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, Meritorious Unit Commendation, Vietnam Gallantry 


Cross with Palm Unit Citation, Combat Infantryman Badge, Parachutist Badge, Expert Marksman Marksmanship Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Auto Rifle Bar.




      _______ _XXX   _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080004258



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ABCMR Record of Proceedings (cont)                                         AR20080004258



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