IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080007670 


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 DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to add all the medals he earned while he served in Vietnam.

2.  The applicant states, in effect, that when he was discharged from the Army he was not aware the Army Commendation Medals, the Bronze Star Medal, and the Purple Heart he earned in Vietnam were not shown on his DD Form 214.

3.  In support of his application, the applicant submits a copy of his DD Form 214; a copy of correspondence he received advising him an Army Commendation Medal was being forwarded to him; and a copy of correspondence he received from the National Personnel Records Center, St. Louis, Missouri, dated 16 December 2005.

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 record shows that he was inducted into the Army of the United States on 15 August 1968.  He completed his basic combat and his advanced individual training at Fort Lewis, Washington.  After completing all required training, he was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 19 January 1969 through 11 December 1969, with Company B, 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division.

4.  The applicant was honorably released from active duty, on 14 August 1970, under the provisions of Army Regulation 635-200, at the expiration of his term of service.  He was separated in the rank and pay grade, Sergeant, E-5.  On the date he was released from active duty, he had completed 2 years active military service, with no days time lost.

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 Republic of Vietnam Campaign Medal; the Good Conduct Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge, with Rifle Bars [M-14 and M-16 Rifles], and two overseas service bars.  The Purple Heart, the Army Commendation Medals, and the Bronze Star Medal he was awarded are not shown on his DD Form 214.

6.  The applicant was awarded the Purple Heart by General Orders Number 6455, prepared by Headquarters, 4th Infantry Division, for wounds he received in action against a hostile enemy, on 20 October 1969.  A copy of these general orders was on file in his service personnel records; however, this award was not shown on his DD Form 214.

7.  The applicant was awarded the Bronze Star Medal with “V” Device by General Orders Number 7615, prepared by Headquarters, 4th Infantry Division, for heroism in connection with military operations against an armed hostile force in Vietnam, on 20 October 1969.  A copy of these general orders was on file in his service personnel records; however, this award was not shown on his DD Form 214.

8.  The applicant was awarded the Army Commendation Medal, by General Orders Number 8027, prepared by Headquarters, 4th Infantry Division, for meritorious service in connection with military operations against an armed hostile force in Vietnam for the period January 1969 to January 1970, on 17 December 1969.  A copy of these general orders was on file in his service personnel records; however, this award was not shown on his DD Form 214.

9.  The applicant was awarded the Army Commendation Medal with “V” Device by General Orders Number 2111, prepared by Headquarters, 4th Infantry Division, for heroism in connection with military operations against an armed hostile force in Vietnam, on 22 November 1969.  A copy of these general orders was on file in his service personnel records; however, this award was not shown on his DD Form 214.  This award should have been prepared as the Army Commendation Medal, with oak leaf cluster, and with “V” Device.

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

11.  While in Vietnam, the applicant participated in the following four campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; Tet 69 Counteroffensive, 1969, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; and the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970.

12.  The applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar [M-60 Machinegun], in Special Orders Number 343 Paragraph 168, published by Headquarters, US Army Training Center, Infantry and Fort Lewis, Fort Lewis, Washington, on 9 December 1968.

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 the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period October 1966 through 28 July 1969, by Department of the Army General Order (DAGO) Number 3, dated 1970, and for the period 29 July 1969 through 17 November 1970, by DAGO Number 52, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 1 October 1966 through 31 October 1969, by DAGO Number 53, dated 1970.

14.  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.

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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that while the applicant served in Vietnam he was awarded the Bronze Star Medal with “V” Device; the Purple Heart, the Army Commendation Medal; and the Army Commendation Medal with “V” Device.  He is therefore entitled to have these awards added to his DD Form 214.  The Army Commendation Medals he was awarded for heroism and for meritorious service should correctly be shown on his DD Form 214 as the Army Commendation Medal, with oak leaf cluster and with “V” Device.

2.  The applicant served in four campaigns while he was in Vietnam.  He is therefore entitled to award of the Vietnam Service Medal, with four bronze service stars, as opposed to the Vietnam Service Medal now shown on his DD Form 214.

3.  The applicant served in a unit, which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (two awards); and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.

4.  The applicant earned the Marksman Marksmanship Qualification Badge with Machinegun Bar.  This badge is not shown on the applicant's DD Form 214.  He is entitled to have this badge 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 Bronze Star Medal, with “V” Device; the Purple Heart, and the Army Commendation Medal, with oak leaf cluster and with “V” Device, to the applicant’s DD Form 214;

	b.  deleting the Vietnam Service Medal from the applicant’s DD Form 214 and adding the Vietnam Service Medal, with four bronze service stars, to his DD Form 214;

	c.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (two awards); and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these unit awards to his DD Form 214; and

	d.  adding the already-awarded Marksman Marksmanship Qualification Badge with Machinegun Bar, to the applicant's DD Form 214.



      __________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)                                         AR20080007670



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ABCMR Record of Proceedings (cont)                                         AR20080007670



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