IN THE CASE OF:	

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080010912 


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 that his separation document (DD Form 214) be corrected to show the awards of the Purple Heart, Bronze Star Medal, 2nd award, (correctly known as the Bronze Star Medal with First Oak Leaf Cluster), Soldier's Medal, Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that the above awards are missing from his DD Form 214.

3.  The applicant provides a copy of General Orders Number 13129, dated  
24 October 1969; General Orders Number 14282, dated 18 November 1969; and General Orders Number 943, dated 24 January 1970.

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 record shows he was inducted into the Army of the United States on 19 April 1968.  He completed the necessary training and was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist).

3.  The applicant served with Headquarters and Headquarters Company (HHC),  
2nd Battalion (Mechanized), 22nd Infantry, 25th Infantry Division in the Republic of Vietnam during the period 4 April 1969 to 16 March 1970.

4.  The applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 
20 March 1970. He completed 1 year, 11 months, and 2 days of total active service.

5.  The applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the awards of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Good Conduct Medal, Army Commendation Medal with "V" Device, and the Bronze Star Medal.  However, it does not show the awards of the Purple Heart, Bronze Star Medal with First Oak Leaf Cluster, Soldier's Medal, Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  Headquarters, General Orders Number 13129 dated 24 October 1969, shows that the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 11 October 1969.

7.  Headquarters, General Orders Number 14282, dated 18 November  
1969, shows the applicant was awarded the Soldier's Medal for heroism not involving actual conflict with an armed enemy on 26 September 1969.

8.  Headquarters, General Orders Number 943 dated 24 January  
1970, shows that the applicant was awarded the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force during the period March 1969 to March 1970.




9.  A review of the applicant's records indicates entitlement to additional awards that are not shown in item 24 of his DD Form 214.

10.  Headquarters, Special Orders Number 221, dated 9 August 1969, show the applicant was awarded the Combat Infantryman Badge.

11.  Headquarters, U.S. Army Training Center, Armor (2018) Special Orders Number 170, dated 18 June 1968 show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

12.  Headquarters, 2nd Combat Support Training Brigade, Special Orders Number 91, dated 8 July 1968, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

13.  Headquarters, U.S. Army Training Center, Armor (2018), Special Orders Number 51, dated 20 February 1969, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

14.  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 document shows that HHC, 2nd Battalion (Mechanized), 22nd Infantry, 25th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, based on Department of the Army General Order Number 51, dated 1971.

15.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

16.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969); and Vietnam Winter-Spring, 1970 (1 November 1969 to 30 April 1970) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the Purple Heart, Bronze Star Medal (First Oak Leaf Cluster), Soldier's Medal, Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  Orders show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 11 October  
1969.  He was also awarded the Soldier's Medal, Bronze Star Medal (First Oak Leaf Cluster), Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to add these awards.

3.  Evidence shows the applicant is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  Evidence shows the applicant served in the Republic of Vietnam during three campaigns.  Therefore, he is entitled to corrections of his records to show three bronze service stars to be worn on his already awarded Vietnam Service Medal.

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.  showing awards of the Purple Heart, Soldier's Medal, Bronze Star Medal (First Oak Leaf Cluster), Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	     b.  showing awards of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); and 

	     c.  showing three bronze service stars to be worn on his already awarded Vietnam Service 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)                                         AR20080010912



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ABCMR Record of Proceedings (cont)                                         AR20080010912



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