IN THE CASE OF:	 

		BOARD DATE:	  7 October 2008

		DOCKET NUMBER:  AR20080011478 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect that he was awarded the Bronze Star Medal with "V" Device and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant also requests, in effect, correction to his DD Form 214 to reflect he completed the Armorers Course and the Noncommissioned Officer CMMI (Command Maintenance Management Inspection) Course.

3.  The applicant states, in effect, that his DD Form 214 contains errors and he never really needed it corrected until he started dealing with the Department of Veterans Affairs hospital.  

4.  In support of his application, the applicant provides copies of pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record); his orders for the Bronze Star Medal with "V" Device; his Armorers Course and the Noncommissioned Officer CMMI Course certificates of completion; his DD Form 214; and electronic mail correspondence from a former servicemember.

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 records show he enlisted in the Regular Army, in pay grade E-1, on 11 August 1966, for 3 years.  He completed basic and advanced individual training and was assigned military occupational specialty 11B, light weapons infantryman.

3.  The applicant's records show that he served in the Republic of Vietnam from 20 February 1967 to 15 February 1968, with Company A, 2nd Battalion (Airborne), 503rd Infantry, for three campaigns.

4.  The applicant’s records contain General Orders Number 399, dated 5 February 1968, awarding him the Bronze Star Medal, with "V" Device, on 19 November 1967, for heroism in connection with military operations against a hostile force in the Republic of Vietnam.  This award is not shown on his DD Form 214.

5.  The applicant also submits a copy of his certificates that show he completed the Armorers Course on 2 May 1968 and the Noncommissioned Officer CMMI Course on 19 June 1968.  These courses are not shown on his DD Form 214.

6.  The applicant was released from active duty at the expiration of his term of service, in pay grade E-5, on 8 August 1969.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).

7.  Entries on the applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal; the Vietnam Service Medal; the Purple Heart; the Republic of Vietnam Campaign Medal; the Combat Infantryman Badge; the Bronze Star Medal; the Meritorious Unit Citation [correctly known as the Meritorious Unit Commendation]; and the Parachutist Badge.  The Bronze Star Medal with "V" Device is not listed on his DD Form 214.  

8.  Item 25 (Education and Training Completed), of the applicant’s DD Form 214, shows he completed Basic Training, the Code of Conduct, and the Basic Airborne Course. 
9.  The applicant’s DA Form 20, Item 41 (Awards and Decorations) shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Machinegun Bar. These badges are not shown on his DD Form 214.  Item 28 (Specialized Training), of his DA Form 20, shows he completed Advanced Individual Training (14 Oct 66), Code of Conduct (31 Aug 66), and the Basic Airborne Course (20 Jan 67) during his period of service.

10.  The applicant further submitted a copy of electronic mail correspondence that contains a listing of Vietnam unit and participation awards and the Board’s mailing address.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with the 2nd Battalion, 503rd Infantry, it was cited for award of the Presidential Unit Citation, by Headquarters, Department of the Army General Order Number 42, dated 1969; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Order Number 51, dated 1971.

12.  Army Regulation 600-8-22 (Military Awards), in effect at the time, authorized a bronze service star, based on qualifying service, for each campaign listed in Appendix B of that regulation and stated that authorized bronze service stars would be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

13.  Army Regulation 635-5, in effect at the time, prescribed the preparation policy for separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation specified that Item 25 would list installation training courses (qualification courses), military correspondence courses, and off-duty courses 
the enlisted person had completed successfully during the period covered by the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Bronze Star Medal with V" Device, for heroism in connection with military operations against a hostile force, on 19 November 1967, and this award is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to show his already-awarded Bronze Star Medal with "V" Device, and to add this award to his DD Form 214.

2.  The evidence of record also confirms that the applicant is entitled to award of the Presidential Unit Citation; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and three bronze service stars to be affixed on his already-awarded Vietnam Service Medal.  These awards are not shown on the applicant's DD Form 214 and it would be appropriate to add them at this time.

3.  The evidence of record further confirms that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Machinegun Bar.  He is entitled to have these badges added to his DD Form 214 at this time.

4.  The evidence of record also confirms that during the applicant’s period of service he completed the Armorers Course on 2 May 1968 and the Noncommissioned Officer CMMI Course on 19 June 1968.  In accordance with regulatory guidance, these courses are authorized for entry on his DD Form 214. He is therefore entitled to correction to his DD Form 214 to show these courses.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 applicant's already-awarded Bronze Star Medal with “V” Device; the Presidential Unit Citation; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; three bronze service stars to be affixed on his already-awarded Vietnam Service; the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60);
   b.  correcting Item 25 (Education and Training), of his DD Form 214, dated 8 August 1969, to show the Armorers Course and the Noncommissioned Officer  CMMI Course; and
   
   c.  providing him a correction to his separation document that includes these awards and correction.



      _________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)                                         AR20080011478



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ABCMR Record of Proceedings (cont)                                         AR20080011478


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