IN THE CASE OF:	

		BOARD DATE:	  21 October 2008

		DOCKET NUMBER:  AR20080011752 


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 all of his medical [sic - interpreted as medals] and decorations be added to his separation document (DD Form 214).

2.  The applicant states he believe that his DD Form 214 should be corrected because the omission of his medals was an oversight.

3.  The applicant provides a copy of his DD form 214 and two letters from the American Legion, Department of Michigan, Veterans Affairs and Rehabilitation Office dated 27 June 2008 and 26 August 2008.

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

Counsel submits a statement wherein she agrees with the issue submitted by the applicant.  Counsel did not provide any additional evidence or argument.

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 13 May 1968.  He completed the necessary training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served with Company F, 50th Infantry, 25th Infantry Division; and Company F, 75th Infantry (Ranger), 25th Infantry Division in the Republic of Vietnam during the period of 18 January 1969 to 5 January 1970.

4.  He was honorably released from active duty on 10 January 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He completed 1 year, 7 months, and 28 days of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Good Conduct Medal, Combat Infantryman Badge, Bronze Star Medal, Vietnam Service Medal, Air Medal, Republic of Vietnam Campaign Medal, two Overseas Service Bars, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

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

7.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, Louisiana Special Orders Number 274, dated 29 October 1968 shows that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk Special Orders Number 287, dated 12 November 1968 shows that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
(M-60).

9.  Headquarters, 25th Infantry Division General Orders Number 12634, dated  
10 October 1969 shows that the applicant was awarded the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) for heroism in connection with military operations against a hostile force during the period of 13 to 15 September 1969.


10.  Headquarters, 25th Infantry Division General Orders Number 15344, dated  
17 December 1969 shows that the applicant was awarded the Bronze Star Medal (Second Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force during the period of January 1969 to January 1970.

11.  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 Company F, 50th Infantry,  
25th Infantry Division was awarded the Valorous Unit Award, based on Department of the Army General Order Number 2, dated 1971, amended to Department of the Army General Order Number 39, dated 1970.  This same document shows Company F, 75th Infantry (Ranger), 25th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 48, dated 1971, amended to Department of the Army General Order Number 43, dated 1970; 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.

12.  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.

13.  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 Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February  
1969); Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969); and the 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.

14.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add all of his medals and decorations.

2.  Orders show the applicant was awarded the Bronze Star Medal with "V" Device (Second Oak Leaf Cluster), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to add these awards.

3.  Evidence shows the applicant is authorized the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  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 four campaigns.  Therefore, he is entitled to corrections of his records to show four bronze service stars to be affixed to his 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 adding the Bronze Star Medal with "V" Device (Second Oak Leaf Cluster), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), and four bronze service stars to be affixed to 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)                                         AR20080011752



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ABCMR Record of Proceedings (cont)                                         AR20080011752



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