IN THE CASE OF:	  

		BOARD DATE:	       5 March 2009

		DOCKET NUMBER:  AR20080010042 


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 records be corrected to show all of his awards.

2.  The applicant states, in effect, that all of his awards are not listed on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides copies of certificates and citations for awards of two Bronze Star Medals and two Army Commendation Medals.

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 enlisted in the Regular Army on 29 March 1967 and completed training including basic airborne training.  He was awarded the military occupational specialty (MOS) 70A1P (Clerk) (Parachutist) on 4 August 1967 and the MOS 36C2P (Lineman) (Parachutist) on 24 June 1968.

3.  He served in Vietnam with Headquarters and Headquarters Company (HHC), 501st Signal Battalion, 101st Airborne Division, from 9 December 1967 through  3 July 1969.  HHC, 501st Signal Battalion, was redesignated as Company A during this period.

4.  Headquarters, 101st Airborne Division, General Orders Number 4022, dated 18 July 1968, awarded the applicant the Bronze Star Medal for meritorious achievement in connection with military operations against a hostile force for the period 1 January 1968 to 10 February 1968.

5.  Headquarters, 101st Airborne Division, General Orders Number 5509, dated 6 September 1968, awarded the applicant the Army Commendation Medal for meritorious achievement for the period 1 March 1968 to 31 July 1968.

6.  Headquarters, 101st Airborne Division, General Orders Number 7954, dated 22 October 1968, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period 1 January 1968 to 31 August 1968.  Headquarters, 101st Airborne Division, General Orders Number 11374, dated 30 December 1968, amended the orders to show award of the Bronze Star Medal with first Oak Leaf Cluster.

7.  Headquarters, 101st Airborne Division, General Orders Number 3352, dated 13 April 1969, awarded the applicant the Army Commendation Medal with first Oak Leaf Cluster for meritorious achievement for the period 1 October 1968 to 28 February 1969.

8.  Headquarters, 101st Airborne Division, General Orders Number 9818, dated 28 July 1969, awarded the applicant the Army Commendation Medal for meritorious achievement for the period 1 February 1969 to 30 June 1969.

9.  The applicant was honorably released from active duty on 31 March 1970.  He completed 3 years of creditable active service with 3 days of lost time.  His DD Form 214 lists his awards as the Parachutist Badge, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Bronze Star Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and three Overseas Service Bars.

10.  The applicant's DA Form 20 (Enlisted Qualification Record) lists his awards as the Parachutist Badge, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, and the Army Commendation Medal.  It shows he served during three campaign periods and lists his conduct and efficiency ratings as excellent except for one period of conduct listed as good.

11.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each designated campaign listed in appendix B of the regulation, and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  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 participated during the following seven campaign periods:  the Counteroffensive Phase III, 1 June 1967 – 29 January 1968; the Tet Counteroffensive, 30 January 1968 – 1 April 1968; the Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; the Counteroffensive Phase V, 1 July 1968 – 1 November 1968; the Counteroffensive Phase VI, 2 November 1968 – 22 February 1969; the Tet 69 Counteroffensive, 23 February 1969 – 8 June 
1969; and the Vietnam Summer–Fall 1969, 9 June 1969 – 31 October 1969.

12.  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 501st Signal Battalion, 101st Airborne Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that all of his awards are not listed on his DD Form 214.

2.  The applicant was awarded the Army Commendation Medal for achievement on three occasions.  Only one of these medals is noted on his DD Form 214.  It is appropriate to correct the record to reflect all three awards.

3.  The applicant was awarded two Bronze Star Medals.  Only one of these medals is noted on his DD Form 214.  It is appropriate to correct the record to reflect both of these awards.

4.  The applicant served in Vietnam during seven campaign periods and is authorized to wear one silver and two bronze service stars on his Vietnam Service Medal.

5.  In addition to the awards listed on the applicant's DD Form 214, he is also authorized the Meritorious Unit Commendation, 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 his records to show 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.  deleting the Vietnam Service Medal, the Army Commendation Medal, and the Bronze Star Medal from his DD Form 214; and

     b.  adding the Bronze Star Medal with one Oak Leaf Cluster, the Army Commendation Medal with two Oak Leaf Clusters, the Vietnam Service Medal with one silver and two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 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)                                         AR20080010042



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ABCMR Record of Proceedings (cont)                                         AR20080010042



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