IN THE CASE OF:	

		BOARD DATE:	  21 January 2009

		DOCKET NUMBER:  AR20080015154 


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, 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. 

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal. His whole platoon was awarded the Bronze Star Medal; however, his Bronze Star Medal is not listed on his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214, dated 18 August 1968, and a newspaper clipping from “The Screaming Eagle,” 101st Airborne Division in support of his request.

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 that he was inducted into the Army of the United States, on 16 August 1966, for a period of two years.  He completed Basic Combat Training at Fort Lewis, Washington, and Advanced Individual Training at Fort Ord, California.  Upon completion of his training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 5 December 1967 through 17 August 1968 with Company D, 1st Battalion (Airborne), 506th Infantry Regiment, 101st Airborne Division.

4.  The applicant was honorably released from active duty on 18 August 1968 and transferred to the United States Army Reserve Control Group.

5.  There are no orders in the applicant’s service personnel records that show he was awarded the Bronze Star Medal.

6.  Entries on the applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) show he was awarded the Parachutist Badge, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device 1960.  The Bronze Star Medal is not shown on the applicant’s DD Form 214.

7.  There is no entry in Item 41 (Awards and Decorations) of the DA Form 20 (Enlisted Qualification Record) showing the applicant was awarded the Bronze Star Medal. 

8.  The applicant’s DA Form 20 does show that he was awarded the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle), and the Expert Marksmanship Qualification Badge (M-16 Rifle and M-60 Machine Gun Bar).  

9.  During the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to show any orders were published authorizing award of the Bronze Star Medal to the applicant. However, a United States Army Administration Center Form Letter (USAAC FL) 348, dated 30 April 1971, addressed to the Commanding General of the Sixth US Army from the Department of the Army, Office of The Adjutant General, St. Louis, Missouri, shows General Orders 5554, published by Headquarters, 101st Airborne Division, dated 6 September 1968, awarded the applicant the Bronze Star Medal and it was being transmitted for presentation to the applicant.

10.  General Orders 8724, dated 31 October 1968, awarded the Army Commendation Medal to the applicant.  This award is not shown on the applicant's DD Form 214. 

11.  General Orders Number 11110, dated 25 December 1968, awarded the applicant the Air Medal for distinguishing himself by meritorious achievement while participating in an aerial combat assault into hostile territory in the Republic of Vietnam on 19 December 1967.  This award is not shown on the applicant’s DD Form 214.  

12.  The applicant participated in four campaigns during his tour of duty in Vietnam:  the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Orders (DAGO) Number 43, dated 1974; the Valorous Unit Award, by Headquarters, DAGO Number 52, dated 1974, and the Meritorious Unit Commendation, by Headquarters, DAGO Number 5, dated 1977.

14.  Army Regulation 600-8-22 (Military Awards) authorizes 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 campaign or service medal including the Vietnam Service Medal.

15.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badge.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.


DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available to show the applicant was awarded the Bronze Star Medal and the Army Commendation Medal; however, there is evidence the applicant was awarded the Bronze Star Medal and the Army Commendation Medal.  These awards were sent from The Adjutant General’s Office to the Commanding General, 6th US Army, for presentation to the applicant. The evidence of record shows he is entitled to these awards.  Therefore, it would be appropriate to correct his records to add these awards to his DD Form 214.

2.  The evidence shows the applicant participated in four campaigns during his tour of duty in Vietnam.  He is therefore entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have them shown on his DD Form 214.

3.  The evidence shows the applicant earned the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle) and the Expert Marksmanship Qualification Badge (M-16 Rifle and M-60 Machine Gun Bar).  These marksmanship qualification badges are not shown on his DD Form 214.  He is entitled to have these badges added to his DD Form 214.

4.  General Orders Number 11110, dated 25 December 1968, awarded the applicant the Air Medal.  The applicant is entitled to have this award added to his DD Form 214.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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.  adding the Bronze Star Medal, the Army Commendation Medal, the Air Medal, the Meritorious Unit Commendation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle), and the Expert Marksmanship Qualification Badge (M-16 Rifle and M-60 Machine Gun Bar) to the applicant’s DD Form 214; and 

	b.  amending the applicant's DD Form 214 to show he is authorized to wear 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)                                         AR20080015154



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ABCMR Record of Proceedings (cont)                                         AR20080015154



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