IN THE CASE OF:	

		BOARD DATE:	        7 October 2008

		DOCKET NUMBER:  AR20080012043 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and the Combat Infantryman Badge.  He also requests, in effect, that his rank be changed to specialist four.   

2.  The applicant states, in effect, that these awards are not shown on his DD Form 214.  He also states that he subsequently served two enlistments in the Army National Guard and that he was promoted to specialist four in April 1976 but his DD Form 214 does not reflect this.   

3.  The applicant provides no additional evidence 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 enlisted on 9 November 1966 for a period of 3 years.  He arrived in Vietnam on 14 December 1967.  He was assigned to Company D, 
2nd Battalion (Airborne) of the 501st Infantry in Vietnam from 16 December 1967 through 24 September 1968.  He was assigned to Company D, 3rd Battalion (Airborne) of the 501st Infantry in Vietnam from 25 September 1968 through 
11 December 1968.  On 29 November 1969, he was released from active duty.

3.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Parachutist Badge, and the Bronze Star Medal with “V” Device as authorized awards.  His rank is shown as private (PV2)/E-2.  

4.  Headquarters, 101st Airborne Division Special Orders Number 65, dated 
5 March 1968, show the applicant received the Combat Infantryman Badge.  

5.  Headquarters, 101st Airborne Division General Orders Number 236, dated 
31 March 1968, show the applicant received the Purple Heart for wounds received in action on 14 February 1968 in Vietnam.  

6.  Headquarters, 101st Airborne Division General Orders Number 11169, dated 
27 December 1968, show the applicant received the basic award of the Air Medal.  

7.  Headquarters, 101st Airborne Division General Orders Number 1134, dated 
31 January 1969, show the applicant received the Air Medal with First Oak Leaf Cluster.  

8.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

9.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

10.  There is no evidence of record which shows the applicant subsequently served in the Army National Guard.  


11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.
 
12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

13.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Combat Infantryman Badge, the Purple Heart, and two awards of the Air Medal (correctly known as the Air Medal with Numeral 2).  Therefore, his DD Form 214 should be corrected to show these awards. 

2.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.  
Since there is no evidence of record which shows the applicant served in the Army National Guard, and he states that he was promoted to specialist four in 1976 (seven years after his release from active duty), there is no basis for granting his request to amend his rank on his DD Form 214.  

3.  The applicant participated in five campaigns during his assignments in Vietnam which makes him eligible for award of the Vietnam Service Medal with one silver service star.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant served in Vietnam during the qualifying period and is eligible for this award.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XX______  ____XX____  ___XX_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Purple Heart, the Combat Infantryman Badge, the Air Medal with Numeral 2, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal on his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his rank on his DD Form 214.



      ________XXXX______________
               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)                                         AR20080012043



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ABCMR Record of Proceedings (cont)                                         AR20080012043



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