IN THE CASE OF:	  

		BOARD DATE:	  25 September 2008

		DOCKET NUMBER:  AR20080011640 


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 the Purple Heart (PH) and Bronze Star Medal (BSM) be added to Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214).  

2.  The applicant states, in effect, the PH was on an earlier DD form 214 and was later removed.  

3.  The applicant provides PH Orders and in support of his application.  

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 record shows he was inducted into the Army of the United States and entered active duty on 8 April 1969.  He completed basic combat training and advanced individual training (AIT) at Fort Lewis, Washington.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 11E (Infantry Operations and Intelligence Specialist).  

3. The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) for 3 months and 4 days from 10 March to 13 June 1970.  Item 41 (Awards and Decorations) includes two entries which show the applicant was awarded the Army Commendation Medal with “V” (Valor) Device and that he qualified as a Marksman with the M-16 Rifle in 1969. 

4.  The applicant's record contains Headquarters, 3rd Field Hospital General Orders (GO) Number (#) 130, dated 1 June 1970, and Headquarters, 25th Infantry Division GO # 8275, dated 22 July 1970, which both awarded the applicant the PH for being wounded in action in the RVN on 30 May 1970.  It also contains Headquarters, 25th Infantry Division GO # 6175, dated 31 May 1970, which awarded the applicant the BSM for meritorious service in the RVN during the period March – May 1970.  The record further includes Headquarters, 3rd Armored Division Special Orders (SO) # 327, dated 25 November 1970, which confirms the  applicant qualified as an expert with the M-16 Rifle.

5.  On 7 January 1971, the applicant was honorably separated after completing a total of 1 year and 9 months of active military service.  The DD Form 214 issued at that time shows the applicant earned the following awards during his active duty tenure:  National Defense Service Medal; Vietnam Service Medal; Army Commendation Medal with “V” Device 60 (sic); Army Good Conduct Medal; Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Winter Spring 1970 and Sanctuary Counteroffensive campaigns.


7.  Paragraph 9-19 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960).  It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.  Individuals who served for less than 6 months who were wounded by hostile forces are also entitled to receive this award.

8.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the PH and BSM has been carefully considered and found to have merit.  The evidence of record confirms that the applicant was awarded the PH and BSM and that these awards were announced in official orders.  As a result, the PH and BSM should be added to his record and separation document at this time.  

2.  The evidence of record also clearly shows that both the hospital and the applicant's unit issued orders awarding him the PH based on being wounded in action on 30 May 1970.  Clearly these were duplicate orders and the applicant is entitled to only one award of the PH.  

3.  The evidence of record also shows an administrative error exists in the listing of the ARCOM with "V" Device entry in Item 24 of the applicant's separation document.  Accordingly, it would be appropriate to correct this portion of the Item 24 entry at this time.  

4.  Based on the applicant's RVN service and campaign participation, he is entitled to the RVN Campaign Medal with Device 1960, RVN Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with his VSM.  In addition, his record confirms he qualified as an expert with the M-16 rifle and is therefore entitled to the Expert Marksmanship Qualification Badge with Rifle Bar. As a result, it would also be appropriate to add these awards to his record and separation document at this time. 


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 amending Item 24 of the DD Form 214 by deleting the current list of awards and replacing it with the entry "Bronze Star Medal, Purple Heart, Army Commendation Medal with “V” Device, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars; Republic of Vietnam Campaign Medal with Device 1960; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Expert Marksmanship Qualification Badge with Rifle Bar, and Marksman Marksmanship Qualification Badge with Machinegun Bar; and by issuing him a correction to his separation document that reflects these changes.  




      _______ _  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)                                         AR20080011640



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ABCMR Record of Proceedings (cont)                                         AR20080011640



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