IN THE CASE OF:	  

		BOARD DATE:	       19 February 2009

		DOCKET NUMBER:  AR20080012072 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and the date he entered active duty as 22 August 1968 instead of 22 August 1969.

2.  The applicant states, in effect, that his DD Form 214 contains administrative errors. 

3.  The applicant provided a copy of his DD Form 214, dated 30 January 1972, and a picture of the Bronze Star Medal.

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 records show he enlisted in the Regular Army for a period of 2 years on 27 August 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  His DD Form 214 shows he was honorably discharged on 
21 August 1969 for the purpose of accepting a commission.  He had completed 11 months and 25 days of active Federal service.  

3.  The applicant’s records further show he was appointed as a Military Intelligence second lieutenant (2LT) in the U.S. Army Reserve (USAR) and executed an oath of office on 22 August 1969 and entered active duty that date.

4.  The applicant’s records also show he served in the Republic of Vietnam from 21 August 1971 to 28 June 1972.  He was assigned to the 572nd Military Intelligence Detachment.  

5.  The applicant's records further show he was honorably released from active duty in the rank of captain (CPT) and transferred to the USAR Control Group (Reinforcement) on 30 January 1972.  The DD Form 214 he was issued shows the following entries:

	a.  Item 22a(1) (Net Service This Period) shows he completed 2 years, 5 months, and 9 days of active service during this period; 

	b.  Item 22a(2) (Other Service) shows he completed 11 months and 25 days of prior service (to document his prior enlisted service); 

	c.  Item 22a(3) shows he completed a total of 3 years, 5 months, and 4 days of active Federal service; and 

	d.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and one Overseas Service Bar.  Item 24 does not show award of the Bronze Star Medal.  

6.  Headquarters, U.S. Army Forces, Military Region 2, General Orders Number 29, dated 23 February 1972, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from 20 August 1971 to 7 March 1972. 



7.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

8.  Headquarters, U.S. Army Training Center, Infantry and Fort Dix, Fort Dix, New Jersey, Special Orders Number 302, dated 28 October 1968; show the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and Rifle Bar (M-14 and M-16).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 572nd Military Intelligence Detachment was awarded the Meritorious Unit Commendation from 1 January 1972 to          16 February 1973 based on the Department of the Army General Orders Number 6, dated 1976 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Consolidation I and II campaigns during his tour of duty in the Republic of Vietnam.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar and Rifle Bar (M-14 and M-16) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  General orders awarded the unit to which the applicant was assigned in the Republic of Vietnam the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his 
DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  With respect to the applicant’s entry date on active duty, the evidence of record shows he enlisted in the Regular Army on 27 August 1968 and was honorably discharged on 21 August 1969.  He was issued a DD Form 214 that shows this service.  There is no evidence available to show he enlisted and/or was appointed on 22 August 1968.

6.  Further, the available evidence shows the applicant was appointed as a 2LT in the USAR on 22 August 1969 and he was honorably released from active duty in the rank of CPT on 30 January 1972.  The DD Form 214 that he was issued shows he had completed 2 years, 5 months, and 9 days of active service during this period and that he had completed 11 months and 25 days of prior active service.  This DD Form 214 also shows he completed 3 years, 5 months, and 
4 days of total active service.  These entries are correct and require no further action.  However, a copy of his enlisted DD Form 214 will be provided to him to show his enlistment date of 27 August 1968.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  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 Bronze Star Medal, the Expert Marksmanship Qualification Badge with Grenade Bar and Rifle Bar (M-14 and M-16), the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


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 correcting the applicant's date of entry.



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      _______ _   _______   ___
               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)                                         AR20080012072



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ABCMR Record of Proceedings (cont)                                         AR20080012072



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