IN THE CASE OF:	  

		BOARD DATE:	       13 August 2008  

		DOCKET NUMBER:  AR20080007537 


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, in effect, that his Social Security Number (SSN) on the orders awarding him the Purple Heart and the Air Medal be corrected to show his correct SSN.  He also requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to include his award of the Combat Infantryman Badge and to show that his Army Commendation Medal was with a "V" Device and one Oak Leaf Cluster.

2.  The applicant states, in effect, he was not aware of the errors until he recently enrolled in the Department of Veterans Affairs (VA) Health Care System.  He believes the errors where an oversight due to a large number of Soldiers being discharged.

3.  The applicant provides copies of his DD Form 214; Headquarters, 12th Evacuation Hospital General Orders Number 210, dated 9 August 1969; Headquarters, 25th Infantry Division General Orders Number 15340, dated
17 December 1969; and a DA Form 8-275-3 (Clinical Record Cover Sheet) with 15 pages of medical treatment records.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant's records be corrected by correcting his SSN on the award orders for the Purple Heart and Air Medal and adding the Army Commendation Medal and Combat Infantryman Badge to his DD Form 214. 

2.  Counsel states the applicant has adequately set forth his contentions and arguments.

3.  Counsel provides no additonal supporting documentation.

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 was inducted and entered active duty on 29 January 1969 with a two year active duty obligation.  He completed training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  All documents listing the applicant's SSN prepared at the time of his entry onto active duty list his SSN as 379-XX-XXXX.

4.  Headquarters, Army Training Center, Fort Knox, Kentucky Special Orders Number 072, dated 16 March 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle.

5.  Headquarters, Army Training Center, Fort Knox, Kentucky Special Orders Number 098, dated 24 April 1969 awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 rifle.

6.  He served in Vietnam with Company D, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division from 30 June 1969 through 26 August 1970.

7.  Headquarters, 12th Evacuation Hospital General Orders Number 210, dated
9 August 1969, awarded the Purple Heart, for wounds received in connection with military operations against a hostile force on 8 August 1969, to Private First Class (PFC) J______ F______, SSN 370-XX-XXXX, Company C, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division.

8.  A 13 August 1969 DA Form 8-275-3 shows that PFC J______ F______, SSN 379-XX-XXXX, Company C, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division was treated for multiple fragment wounds to his back, upper, and lower extremities.  The date of the wounds is listed as having occurred on 8 August 1969.  It also states that the Soldier was awarded the Purple Heart by Headquarters, 12th Evacuation Hospital General Orders Number 210, dated
9 August 1969.

9.  Headquarters, 25th Infantry Division, General Orders Number 13918, dated 9 November 1969, awarded the applicant the Army Commendation Medal with "V" Device for his heroic actions in combat on 6 October 1969.

10.  Headquarters, 25th Infantry Division, Special Orders Number 349, dated
15 December 1969, awarded the applicant the Combat Infantryman Badge.

11.  Headquarters, 25th Infantry Division, General Orders Number 15340, dated 17 December 1969, awarded the Air Medal to Specialist Four (SP4) J______ F______, SSN 375-XX-XXXX.

12.  Headquarters, 25th Infantry Division, General Orders Number 15745, dated 29 December 1969, awarded the applicant the Army Commendation Medal with first Oak Leaf Cluster for meritorious service.

13.  Headquarters, 25th Infantry Division, General Orders Number 7274, dated 25 June 1970, awarded the applicant the Purple Heart for wounds received on 15 June 1970.

14.  The applicant was released from active duty, as a SP4 (E-4), under the Early Separation of Overseas Returnees Program on 1 September 1970.  He had 1 year, 7 months, and 3 days of creditable service.  The DD Form 214 lists his awards as the Bronze Star Medal, the Purple Heart, the Air Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal [with Device (1960) Device].

15.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following pertinent notations:

	a.  block 29 (Qualification in Arms), qualification as a first class [sharpshooter] machine gunner with the M-60 machine gun; a sharpshooter with the M-14 rifle; and a marksman with the M-16 rifle;

	b.  block 33 (Appointments and Reductions), advancement to specialist four (SP4) on 7 October 1969;

	c.  block 39 (Campaigns), participation during one campaign period;

	d.  block 40 (Wounds), received fragment wounds to his left arm and back on 8 August 1969 and fragment wounds to his right upper arm on 15 June 1970;

	e.  block 41 (Awards and Decorations), lists his awards as the Purple Heart, the Air Medal, the Army Commendation Medal with "V" Device, the Army Commendation with First Oak Leaf Cluster, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

16.  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 that while the applicant was assigned to the 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division it was cited 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.  

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, the following:

	a.  the Purple Heart is authorized for wounds received as a result of hostile action.  The Purple Heart is authorized for the first wound received and an Oak Leaf Cluster is to be awarded for each subsequent award; and

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following four campaign periods:  the Vietnam Summer-Fall 

1969, 9 June 1969 - 31 October 1969; the Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

18.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation, in effect at the time, states that for Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded for Authorized), enter from DA Form 20 all decorations, service medals, campaign credit, and badges awarded or authorized.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded twice and awarded the Purple Heart for each of these wounds.  However, his DD Form 214 shows only one award of the Purple Heart.  It is appropriate to correct the DD Form 214 to show award of the Purple Heart with one Oak Leaf Cluster.

2.  The applicant was awarded the Army Commendation Medal twice, once for heroic actions and the second time for meritorious service.  The DD Form 214 lists only one award and does not include the "V" Device or Oak Leaf Cluster.  It is appropriate to correct the DD Form 214 to show the applicant was awarded the Army Commendation Medal with "V" Device and one Oak Leaf Cluster.

3.  He served in Vietnam during four campaign periods.  As such he is authorized to wear four bronze service stars on his Vietnam Service Medal.  It is appropriate to correct the records to show award of the Vietnam Service Medal with four bronze service stars.

4.  The record shows that he was awarded the Combat Infantryman Badge and that he qualified as a sharpshooter with the M-14 rifle, as a first class [sharpshooter] machine gunner with the M-60 machine gun, and as a marksman with the M-16 rifle.  The appropriate badges for these qualifications are not listed on his DD Form 214.  It is appropriate to correct the DD Form 214 to show his award of the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  


5.  In addition to the awards listed above and those listed on the DD Form 214 the applicant is also authorized 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.  It is appropriate to correct the record to include these awards.

6.  The orders awarding the applicant his first Purple Heart and his Air Medal both incorrectly list his SSN.  It is appropriate to correct these errors to avoid complications and misidentification of these awards. 

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.  amending Headquarters, 12th Evacuation Hospital General Orders Number 210, dated 9 August 1969; and Headquarters, 25th Infantry Division, General Orders Number 15340, dated 17 December 1969, to show that the applicant's is SSN 379-XX-XXX;

	b.  to show that the applicant was awarded the Purple Heart with One Oak Leaf Cluster; the Army Commendation Medal with "V" Device and One Oak Leaf Cluster; and the Vietnam Service Medal with four bronze service stars; and 

	c.  that in addition to the awards listed above and on the DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit 


Citation, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun (M-60) Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.



      _________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)                                         AR20080007537



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ABCMR Record of Proceedings (cont)                                         AR20080007537



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