IN THE CASE OF:	  

		BOARD DATE:	       25 November 2008

		DOCKET NUMBER:  AR20080006666 


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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of three Bronze Star Medals and two Purple Hearts.

2.  The applicant states, in effect, that the National Personnel Records Center informed him by letter, dated 5 April 2004, that he was entitled to award of three Bronze Star Medals and two Purple Hearts.  However, his DD Form 214 shows only two Bronze Star Medals and one Purple Heart.

3.  The applicant provides copies of his DD Form 214 and a letter from the National Personnel Records Center, St. Louis, Missouri, dated 5 April 2004 in support of his application.

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 6 June 1968, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 184, United States Army Training Center, Fort Bliss, Texas, dated 30 July 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Special Orders Number 189, United States Army Training Center, Fort Bliss, dated 6 August 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  Special Orders Number 201, 3rd Advanced Individual Training Brigade, Infantry, Fort Gordon, Georgia, dated 4 October 1968, awarded the applicant the Second Class Gunner [Marksman] Marksmanship Qualification Badge with Machinegun (M-60) Bar.

6.  During the month of November 1968, the applicant attended and graduated as an honor student from the Basic Airborne Course at Fort Benning, Georgia. 

7.  On 17 December 1968, the applicant was assigned for duty as a rifleman with the 3rd Battalion, 5th Infantry Brigade, Fort Kobbe, in the Canal Zone, Panama.   

8.  On 5 July 1969, the applicant was assigned for duty in the Republic of Vietnam.  On 11 August 1969, he was further assigned for duty as a squad leader with Company H (Ranger), 2nd Battalion, 75th Infantry (Airborne) Regiment, 1st Cavalry Division.

9.  General Orders Number 15950, 1st Cavalry Division, dated 13 December 1969, awarded the applicant the Purple Heart for wounds received in action on 11 December 1969.

10.  General Orders Number 3618, 1st Cavalry Division, dated 13 March 1970, awarded the applicant the Purple Heart for wounds received in action on 
5 March 1970.

11.  General Orders Number 10313, 1st Cavalry Division, dated 15 June 1970, awarded the applicant the Bronze Star Medal for meritorious service during the period from August 1969 to August 1970.
12.  General Orders Number 16655, 1st Cavalry Division, dated 10 September 1970, awarded the applicant the Purple Heart for wounds received in action on 18 May 1970.

13.  General Orders Number 293, 1st Cavalry Division, dated 7 January 1971, awarded the applicant the Bronze Star Medal for meritorious service during the period from March 1970 to March 1971.

14.  On 6 March 1971, the applicant returned to the United States.

15.  On 8 March 1971, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He had attained the rank of sergeant (SGT), pay grade E-5 and had completed 2 years, 9 months, and 3 days of creditable active service.

16.  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, Purple Heart, Air Medal, Bronze Star Medal (two awards), Army Commendation Medal, Vietnam Service Medal, Combat Infantryman Badge, Parachutist Badge, and the [Republic of] Vietnam Campaign Medal [with Device (1960)].  It does not show award of a third Bronze Star Medal, a second or third Purple Heart, or any marksmanship badges.

17.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders showing award of a third Bronze Star Medal on file for the applicant.

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

19.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  

20.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and 

efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

21.  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 five campaign periods: the Tet 69 Counteroffensive, 1969; the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

22.  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 Company H, 2nd Battalion, 75th Infantry (Airborne) Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number  32, dated 1973, for award of the Valorous Unit Award; in DAGO Number 11, dated 1973, for award of 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.  

23.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Bronze Star Medal and the Purple Heart.

24.  In a letter dated 5 April 2004, the National Personnel Records Center informed the applicant, in part, that he was entitled to award of the Bronze Star Medal with two oak leaf clusters and the Purple Heart with one oak leaf cluster.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was awarded three Purple Hearts for wounds received on three separate occasions in the Republic of Vietnam.  Therefore, his records should be corrected to show these awards.

2.  The evidence of record shows that the applicant was awarded two Bronze Star Medals.  The entry for these awards on his DD Form 214 appears to indicate these two awards, but could easily be misinterpreted to mean three 
awards [i.e. 2 oak leaf clusters].  Therefore, the entry on his DD form 214 should be corrected to clearly show that he was awarded the Bronze Star Medal with one oak leaf cluster. 

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, his records should be corrected to show award of this medal.

4.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show that the applicant's unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.   

6.  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.  

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

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

9.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar.  Therefore, his records should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Bronze Star Medal (2), the Purple Heart, and the Vietnam Service Medal from the applicant's DD Form 214 for the period ending 8 March 1971;

	b.  awarding him the Army Good Conduct Medal for the period from 6 June 1968 to 8 March 1971; and
   
   c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart with two oak leaf clusters, Bronze Star Medal with one oak leaf cluster, Valorous Unit Award, Army Good Conduct Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and the Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of a third Bronze Star Medal.



      __________X____________
               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)                                         AR20080006666



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ABCMR Record of Proceedings (cont)                                         AR20080006666



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