IN THE CASE OF:	  

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080013132 


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 Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) be corrected to show all awards to which he is entitled.

2.  The applicant states, in effect, that a correction to his separation document (DD Form 215) should be issued to show all awards reflected on a letter issued to him by the National Personnel Records Center (NPRC).

3.  The applicant provides an NPRC letter, dated 14 March 2003; and his 
DD Form 214 in support of 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 record shows that he enlisted in the Regular Army and entered active duty on 20 May 1968, and was trained in and awarded military occupational specialty (MOS) 11E (Tank Commander).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 8 January 1969 to 6 January 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the Company M, 3rd Squadron, 11th Armored Cavalry Regiment.  Item 40 (Wounds) includes an entry showing he sustained a shrapnel wound to his left elbow on 29 August 1969; and Item 41 (Awards and Decorations) shows he earned the following awards:  National Defense Service Medal (NDSM); Army Good Conduct Medal (AGCM); Vietnam Service Medal (VSM); RVN Campaign Medal (RVNCM) with Device 1960; Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 & M-1) and Pistol (.45 Cal) Bars; and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.  

4.  The applicant's record contains Headquarters, 11th Armored Cavalry Regiment General Orders (GO) Number (#) 3, dated 8 January 1970, which awarded him the Purple Heart (PH) for wounds received in action in the RVN on 29 August 1969.  The record also includes Headquarters, II Field Force Vietnam GO # 633, dated 17 February 1970, which awarded him the Bronze Star Medal (BSM), for meritorious service during the period from February 1969 to December 1969. 

5.  On 7 January 1970, the applicant was honorably released from active duty (REFRAD) after completing a total of 2 years, 1 month, and 18 days of active military service.  Item 24 shows he earned the NDSM, VSM, RVNCM, and the AGCM.

6.  The applicant provides an NPRC letter, dated 14 March 2003.  This letter shows the applicant is entitled to the BSM, PH, AGCM, NDSM, VSM with one bronze service star, RVNCM with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar [M-16], and Sharpshooter Marksmanship Qualification Badge with Rifle [M-14 and M-1] and Pistol Bars.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contain guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is 
authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, 
participation credit was granted for the Vietnam Counteroffensive Phase VI; 
Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall 1969; and the Vietnam 
Winter-Spring 1970 campaigns.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant’s tenure of assignment in the RVN, his unit (Company M, 11th Armored Calvary Regiment) was awarded the Valorous Unit Award and RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his Item 24 of his DD Form 214 should be corrected by adding all awards to which he is entitled to as indicated in an NPRC letter, dated 14 March 2003, has been carefully considered and found to have merit.

2.  The evidence of record includes official orders awarding the applicant the PH and the BSM and these awards were omitted from Item 24 of his DD Form 214.  As a result, it would be appropriate and serve the interest of equity and justice to add them to the list of awards contained in Item 24 of his DD Form 214 at this time.  

3.  The evidence of record also shows that the applicant earned the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar; and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 &M-1) and Pistol Bars, as evidenced by entries contained in Item 41 of his DA Form 20.  Therefore, it would also be appropriate to add these badges to his separation document.  

4.  The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is entitled to the VUA, RVN Gallantry Cross with Palm Unit Citation, and 4 bronze service stars with his VSM.  Therefore, these awards should also be added 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:

	a.  deleting the current list of awards on his 7 January 1970 DD Form 214;

	b.  replacing it with the entry "Bronze Star Medal, Purple Heart, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with
4 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14 & M-1) and Pistol Bars; and

	c.  providing the applicant 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)                                         AR20080013132



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ABCMR Record of Proceedings (cont)                                         AR20080013132



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