IN THE CASE OF:	  

		BOARD DATE:	       24 March 2009

		DOCKET NUMBER:  AR20080015562 


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 the name on his discharge document and award of the Bronze Star Medal with “V” Device (1st Oak Leaf Cluster).

2.  The applicant states, in effect, his first name is misspelled on his discharge document.  He also states that he was awarded two Bronze Star Medals, including one for valor; however, it is not recorded on his discharge document.

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 13 July 1969, and Headquarters, 101st Airborne Division (Vietnam), General Orders Number 7487, dated 22 June 1969.

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 military personnel records contain a DD Form 47 (Record of Induction) that shows he was inducted into the Army of the United States on
24 October 1967.  Item 1 (Last Name - First Name - Middle Name) contains the entry “A_______, Kenneth Ray.”

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).

     a.  Item 1 (Name and Service Number), in pertinent part, contains the entry “A_______, KENNETH R.”

     b.  Item 22 (Military Occupational Specialties [MOS]) shows the applicant was awarded MOS 11B (Light Weapon Infantryman) on 29 March 1968.

     c.  Item 29 (Qualification In Arms) shows the applicant qualified Expert with the M-60 machinegun and qualified Sharpshooter with the M-14 rifle and M-16 automatic rifle.

     d.  Item 31 (Foreign Service) shows he served overseas in the U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) beginning 7 October 1968.

     e.  Item 38 (Record of Assignments) shows he was assigned to Company D, 2nd Battalion (Airmobile), 327th Infantry (USARPAC, RVN) from 23 October 1968 through 11 July 1969.  This item also shows that he was reassigned to the continental United States on 12 July 1969.

     f.  Item 39 (Campaigns) shows the applicant participated in the Vietnam Counteroffensive Phase V and an (as then) unnamed campaign.

     g.  Item 41 (Awards and Decorations) shows the applicant was authorized the Bronze Star Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation (recorded as the Meritorious Unit Citation Armed Forces level Gallantry Cross with Palm).  The item also shows that the entry pertaining to the Bronze Star Medal cites the authority for the award as Headquarters, 101st Airborne Division (RVN), General Orders Number 7487.

4.  The applicant's military personnel records contain a DD Form 214 that shows he entered active duty this period on 24 October 1967.  Item 1 (Last Name - First Name - Middle Name) contains the entry “A_______, KENNETY RAY.”  Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Bronze Star Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal.  The DD Form 214 also shows the applicant was honorably released from active duty on 13 July 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining military service obligation.  At the time he had completed 1 year, 8 months, and 20 days of net active service this period and 9 months and 7 days of foreign service.

5.  The applicant's military personnel records are absent orders or any other evidence that he was awarded a second award of the Bronze Star Medal.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, produced a copy of Headquarters, 101st Airborne Division (RVN), General Orders Number 7487, dated 22 June 1969, that show the applicant was awarded the Bronze Star Medal for heroism in ground combat against a hostile force in the RVN on 20 March 1969.  This review failed to produce any other award orders pertaining to the applicant.

7.  A review of the applicant's military personnel records shows that he may be authorized additional awards that are not shown on his DD Form 214.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant received conduct and efficiency ratings of “excellent” throughout the entire period of his military service, his records do not contain any adverse information, and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

9.  The applicant’s military personnel records contain a copy of Headquarters, 101st Airborne Division (RVN), Special Orders Number 342, dated 7 December 1968, that show, in pertinent part, the applicant was awarded the Combat Infantryman Badge.

10.  The applicant’s military personnel records contain a copy of Headquarters,
U.S. Army Training Center, Infantry and Fort Polk (USATCI & FP), Fort Polk, Louisiana, Special Orders Number 315, dated 7 December 1967, that show, in pertinent part, the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

11.  The applicant’s military personnel records contain a copy of Headquarters, USATCI & FP, Fort Polk, Louisiana, Special Orders Number 050, dated
27 February 1968, that show, in pertinent part, the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar.

12.  The applicant’s military personnel records contain a copy of Headquarters, USATCI & FP, Fort Polk, Louisiana, Special Orders Number 053, dated
1 March 1968, that show, in pertinent part, the applicant was awarded the Expert Marksmanship Qualification Badge with (M-60) Machinegun Bar.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI,
Tet 69 Counteroffensive, and Vietnam Summer-Fall 1969 campaigns.

14.  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 Company D, 2nd Battalion (Airmobile), 327th Infantry (USARPAC, RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 43 (1970).

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to Company D, 2nd Battalion (Airmobile), 327th Infantry (USARPAC, RVN), the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971).

16.  Army Regulation 600-8-22, in pertinent part, provides that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

17.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with award of the Bronze Star Medal.
18.  Army Regulation 600-8-22 provides, in pertinent part, that an oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Bronze Star Medal.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.

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, including the Vietnam Service Medal.

21.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

22.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

     a.  Paragraph 17 (Item 1) states "[e]nter last name, first name, and full middle name or names, if any.”

     b.  Paragraph 53 (Item 24) states, in pertinent part, enter all decorations, service medals, campaign credits, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to show his correct name and a second award of the Bronze Star Medal for valor (i.e., Bronze Star Medal with “V” Device (1st Oak Leaf Cluster).

2.  Records show the applicant’s name as recorded on his Record of Induction is “A_______, Kenneth Ray” and as recorded on his Enlisted Qualification Record as “A_______, Kenneth R.”  The evidence of record also shows that the first name that is recorded in item 1 of the applicant’s DD Form 214 shows the entry “KENNETY.”  Thus, it is reasonable to conclude that a typographic error was made in entering the applicant’s first name when his DD Form 214 was prepared. Therefore, it would be appropriate to correct item 1 of the applicant’s DD Form 214 to show his correct legal name.

3.  Records show that General Orders awarded the applicant the Bronze Star Medal with “V” Device for heroism in ground combat against a hostile force in the RVN on 20 March 1969.  Therefore, it would be appropriate to correct the applicant’s records to show this award.

4.  There is no evidence of record, and the applicant provides insufficient evidence, to show he was awarded a second award of the Bronze Star Medal.  Therefore, the applicant is not entitled to correction of his records to show a second award of the Bronze Star Medal.

5.  Records show that the applicant completed a period of active duty enlisted service qualifying for award of the Good Conduct Medal.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.
6.  Records show the applicant qualified for award of the Vietnam Service Medal and he participated in 4 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of 4 bronze service stars to be affixed to his Vietnam Service Medal.

7.  Records show that Special Orders awarded the applicant the Combat Infantryman Badge.  Therefore, it would be appropriate to correct his records to show this badge.

8.  Records show that Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.  Therefore, it would be appropriate to correct his records to show this badge with the component bar.

9.  Records show that Special Orders awarded the applicant the Sharpshooter Qualification Badge with Rifle and Automatic Rifle Bars.  Therefore, it would be appropriate to correct his records to show this badge with the component bars.

10.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

11.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
 
     a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 24 October 1967 to 13 July 1969;

     b.  deleting from item 1 of his DD Form 214 the entry, “A_______, KENNETY RAY”;

     c.  adding to item 1 of his DD Form 214 the entry, “A_______, KENNETH RAY”;

     d. deleting from item 24 of his DD Form 214 the “Bronze Star Medal” and “Vietnam Service Medal”; and
     e.  adding to item 24 of his DD Form 214 the Bronze Star Medal with “V” Device, Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 a second award of the Bronze Star 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)                                         AR20080015562



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ABCMR Record of Proceedings (cont)                                         AR20080015562



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