IN THE CASE OF:	 

		BOARD DATE:	  12 November 2008

		DOCKET NUMBER:  AR20080012974 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 September 1970 be corrected to show award of the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart and it should be included on his DD Form 214.

3.  The applicant provides his DD Form 214 for the period ending 30 September 1970.

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 in the Regular Army on 13 September 1950.  He was honorably discharged on 12 September 1953 and immediately reenlisted on 13 September 1953.  He was honorably discharged on 20 March 1957 and immediately reenlisted 21 March 1957.  DD Forms 214 were not issued when discharged for the purpose of immediate reenlistment during the above periods.

3.  The applicant was honorably discharged on 20 March 1963 and immediately reenlisted on 21 March 1963.  His DD Form 214 for the period ending 20 March 1963 shows award of the Sharpshooter Marksmanship Qualification Badge (M-1 Rifle).

4.  On or about 16 September 1965, the applicant arrived in Vietnam with C Company, 1st Engineer Battalion, 1st Infantry Division.  He departed Vietnam on or about 23 August 1966 after participating in three campaigns.

5.  Headquarters, 1st infantry Division, General Orders Number 2081, dated 1 September 1966, show that the applicant was awarded the Army Commendation Medal.

6.  On or about 26 January 1968, the applicant returned to Vietnam and was assigned to B Company, 19th Engineer Battalion (Combat), 35th Engineer Group.

7.  Headquarters, 35th Engineer Group, General Orders Number 30, dated 29 June 1968, show that the applicant was awarded the Purple Heart.

8.  Headquarters, 18th Engineer Brigade, General Orders Number 597, dated 8 July 1968, show that the applicant was awarded the Bronze Star Medal with "V" Device for heroism.

9.  Headquarters, 18th Engineer Brigade, General Orders Number 57, dated 22 January 1969, show that the applicant was awarded the Bronze Star Medal with 1st Oak Leaf Cluster for meritorious service during the period 30 January 1968 through 25 January 1969.

10.  The applicant was honorably discharged on 20 March 1969 and immediately reenlisted on 21 March 1969.  His DD Form 214 for the period ending 20 March 1969 shows award of the Army Good Conduct Medal (3d Award), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the National Defense Service Medal (1st Oak Leaf Cluster), the Army Commendation Medal, the Purple Heart, and the Bronze Star Medal with "V" Device.

11.  Headquarters, 19th Engineer Battalion (Combat), General Orders Number 10, dated 28 March 1969, show that the applicant was awarded the Army Good Conduct Medal (4th Award).

12.  On 20 April 1969, the applicant departed Vietnam after participating in five campaigns.

13.  Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood, General Orders Number 132, dated 8 September 1970, show the applicant was awarded the Army Commendation Medal (1st Oak Leaf Cluster).

14.  On 30 September 1970, the applicant retired.  His DD Form 214 for the period ending 30 September 1970 shows he was awarded the Bronze Star Medal (1st Oak Leaf Cluster) and two overseas service bars.

15.  Army Regulation 635-5 (Separation Documents) provides instructions for the preparation of the DD Form 214.  The version in effect at that time stated, in pertinent part, enter in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) all decorations, service medals, campaign credits, and badges awarded or authorized.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that at the time of the applicant’s assignment to the 1st Engineer Battalion, it was cited for award of the Meritorious Unit Commendation for the period February 1966 through May 1966 based on Headquarters, Department of the Army ,General Orders Number 20, dated 1967.

17.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant’s assignment to the 1st Engineer Battalion, it was cited for award of the Meritorious Unit Commendation for the period 3 June 1966 through 15 April 1967 based on Headquarters, Department of the Army, General Orders Number 10, dated 1968.

18.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant’s assignment to the 1st Engineer Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 based on Headquarters, Department of the Army, General Orders Number 21, dated 1969.

19.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the Meritorious Unit Commendation is awarded for outstanding wartime service of at least 6 continuous months.  An oak leaf cluster is worn for each additional award.

20.  Army Regulation 600-8-22 provides, in pertinent part, for 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 to include the Vietnam Service Medal.  A silver star is worn instead of five bronze stars.

21.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  In pertinent part, it states one overseas service bar is authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Purple Heart and it should be added to his DD Form 214 for the period ending 30 September 1970.  Based on the evidence of record, he was awarded the Purple Heart, the Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device, the Army Commendation Medal (1st Oak Leaf Cluster), the Army Good Conduct Medal (4th Award), the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge (M-1 Rifle).  His DD Form 214 for the period ending 30 September 1970 should be amended to add all these awards.

2.  The applicant was assigned to a unit during two periods of time the unit was awarded the Meritorious Unit Commendation.  The same unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add these awards.

3.  His participation in eight campaigns makes him eligible to wear one silver and three bronze service stars on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

4.  The applicant served in Vietnam during the periods 16 September 1965 through 23 August 1966 and 26 January 1968 through 20 April 1969.  Therefore, he is eligible to wear four overseas service bars.  His DD Form 214 should be amended to reflect this fact.


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:

	a.  by deleting the entries "BSM OLC" and "2 O/S BARS" in item 24 of the applicant's DD Form 214 for the period ending 30 September 1970, and 

	b.  by amending his DD Form 214 in item 24 to add the Purple Heart, the Bronze Star Medal (1st Oak Leaf Cluster) with "V" Device, the Army Commendation Medal (1st Oak Leaf Cluster), the Army Good Conduct Medal (4th Award), the Vietnam Service Medal with one silver and three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Meritorious Unit Commendation (1st Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge (M-1 Rifle), and four overseas service bars.



      _________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)                                         AR20080012974



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ABCMR Record of Proceedings (cont)                                         AR20080012974



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