IN THE CASE OF:	  

		BOARD DATE:	  	  13  January 2009

		DOCKET NUMBER:  AR20080008555 


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, correction of his discharge document to show his date of entry on active duty, separation date, and award of the Bronze Star Medal.

2.  The applicant states, in effect, that his date of entry on active duty and separation date are not entered on his discharge document.  He also states he was awarded the Bronze Star Medal; however, it is not entered on his discharge document.  In support of his request, the applicant states “see attached orders and citation”; however, these documents were not attached to his request.

3.  The applicant provides no additional documentary evidence.

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 military personnel records show he was inducted into the Army of the United States on 26 June 1967.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).

     a.  Item 29 (Qualification In Arms) shows the applicant qualified Expert with the M-14 rifle.

     b.  Item 31 (Foreign Service) shows he served overseas in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) beginning 11 December 1967.

     c.  Item 38 (Record of Assignments) shows he was assigned to Company B, 1st Battalion (Mechanized), 5th Infantry (USARPAC, RVN) from 16 December 1967 through 23 February 1968.  This item also shows he was reassigned as a patient to the Medical Holding Company, 249th General Hospital (Japan) on
24 February 1968.

     d.  Item 39 (Campaigns) is absent an entry.

     e.  Item 41 (Awards and Decorations) shows the applicant was authorized the National Defense Service Medal, Vietnam Service Medal, and Combat Infantryman Badge.

4.  The applicant's military personnel records are absent orders or any other evidence that he was awarded the Bronze Star Medal.

5.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, produced a copy of Headquarters,
25th Infantry Division (RVN), General Orders Number 4142, dated 5 June 1968, that show, in pertinent part, the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the RVN from December 1967 to February 1968.  

6.  The applicant's military personnel records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  The “Selective Service Data” section, Item 10c (Dated Inducted), contains the entry “26 Jun 67”; 
the “Transfer or Discharge Data” section, Item 11d (Effective Date), contains the entry “8 Aug 68”; and the “Service Data” section, Item 17c (Date of Entry), contains the entry “N/A.”  The DD Form 214 shows the applicant was honorably retired by reason of permanent physical disability.  At the time he had completed
1 year, 1 month, and 13 days of net active service this period; and 2 months and 24 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Purple Heart, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge.

7.  A review of the applicant's military personnel records show that he may be entitled to additional awards that are not shown on his DD Form 214.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant received conduct and efficiency ratings of “excellent” throughout the entire period of his military service, his records do not contain any adverse information, and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

9.  The applicant’s military personnel records contain a copy of Headquarters,
2nd Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Dix, New Jersey, Special Orders Number 163, dated 14 August 1967, that show, in pertinent part, the applicant was awarded the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase III and Tet Counteroffensive campaigns.

11.  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, at the time of the applicant's assignment to Company B, 1st Battalion (Mechanized), 5th Infantry (USARPAC, RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971).

12.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to Company B, 1st Battalion (Mechanized), 5th Infantry (USARPAC, RVN),the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 51 (1971).

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

15.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

16.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

     a.  Paragraph 28 (Item 10c) states "[a]pplicable only to individuals who were inducted (as opposed to enlisted).

     b.  Paragraph 32 (Item 11d) states "[e]nter date separation is accomplished."



     c.  Paragraph 41 (Item 17c), subparagraph b (Enlisted personnel), states, in pertinent part, to enter the date entered on active duty or date enlistment or reenlistment was accomplished.  The title of the main item 17 is, "Current Active Service other than by Induction."

     d.  Paragraph 53 (Item 24) states, in pertinent part, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show his date of entry on active duty, separation date, and award of the Bronze Star Medal.

2.  The evidence of record shows that the applicant was inducted into the Army of the United States on 26 June 1967 and he was honorably retired from active duty by reason of permanent physical disability, effective 8 August 1968.

     a.  The evidence of record shows that item 11c of the applicant's DD Form 214 shows he was inducted on 26 June 1967 and Item 11d shows he was separated from active duty on 8 August 1968.  Thus, the evidence of record confirms that these 2 items of the applicant’s DD Form 214 accurately and properly show his induction and separation dates.

     b.  Because the applicant was inducted, and not enlisted, item 17c does not apply to him.  His date of entry is listed in item 11c. 

3.  Records show that General Orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the RVN from December 1967 to February 1968.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

4.  Records show that the applicant completed a period of active duty enlisted service qualifying for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

5.  Records show the applicant qualified for award of the Vietnam Service Medal and he participated in 2 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of 2 bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

7.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  Records show that Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge with the component bar.

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.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 26 June 1967 to 8 August 1968;

     b.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal; and

     c.  adding to Item 24 of his DD Form 214 the Bronze Star Medal, Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle 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 the separation date and changing item 17c of his 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)                                         AR20080008555



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ABCMR Record of Proceedings (cont)                                         AR20080008555



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