IN THE CASE OF:	  

		BOARD DATE:	        21 January 2009

		DOCKET NUMBER:  AR20080017094 


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 Purple Heart (2nd Oak Leaf Cluster), the Bronze Star Medal (1st Oak Leaf Cluster) with “V” Device, and the Combat Infantryman Badge. 

2.  The applicant states, in effect, that the awards were not listed on his record due to an administrative error.

3.  The applicant provides copies of his DD Forms 214, dated 15 November 1966 and 3 November 1968; and copies of General Orders Number 182 and 1447, issued by Headquarters, Americal Division, on 26 January 1968 and 20 March 1968 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 he enlisted in the Regular Army for a period of 3 years on 16 August 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 95B (Military Policeman).  The highest rank/grade he attained during this period of military service was specialist five (SP5)/E-5.  He was honorably discharged on 15 November 1966 to accept a commission.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214, dated 15 November 1968 shows he was awarded the National Defense Service Medal, the Good Conduct Medal (1st Award), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant’s records further show he was appointed as an infantry second lieutenant in the U.S. Army Reserve (USAR) on 16 November 1966.  He subsequently completed the Basic Airborne Course on 19 December 1966 and was promoted to first lieutenant on 16 November 1967.  He was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) on 3 November 1968.  

5.  The applicant’s records also show he served in the Republic of Vietnam from 3 November 1967 to 2 November 1968.  He was assigned as follows:

	a.  from 5 November 1967 to 5 March 1968, he was assigned as a platoon leader with Company A, 4th Battalion, 31st Infantry, 196th Light Infantry Brigade; 

	b.  from 6 March 1968 to 18 April 1968, he was assigned as a platoon leader with Headquarters and Headquarters Company, 23rd Supply and Transport Battalion; and 

	c.  from 19 April 1968 to 29 October 1968, he was assigned as an Assistant S-1 with Headquarters and Headquarters Company, 196th Light Infantry Brigade.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 3 November 1968, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Bronze Star Medal.  

7.  Headquarters, Americal Division, General Orders Number 182, dated 26 January 1968, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 28 December 1967. 

8.  Headquarters, Americal Division, General Orders Number 185, dated 26 January 1968, show the applicant was awarded the Purple Heart (1st Oak Leaf Cluster) for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 6 January 1968. 

9.  Headquarters, Americal Division, General Orders Number 1447, dated 20 March 1968, show the applicant was awarded the Purple Heart (2nd Oak Leaf Cluster) for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 23 February 1968. 

10.  Headquarters, Americal Division, Special Orders Number 21, dated 21 January 1968, show the applicant was awarded the Combat Infantryman Badge (1st Award).

11.  Headquarters, Americal Division, General Orders Number 755, dated 17 February 1968, show the applicant was awarded the Bronze Star Medal with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 6 January 1968. 

12.  Headquarters, Americal Division, General Orders Number 8141, dated 21 October 1968, show the applicant was awarded the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from November 1967 to October 1968. 

13.  Review of the applicant’s records show his entitlement to additional awards which are not shown on his records.

14.  Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, Special Orders Number 125, dated 16 May 1967, show the applicant was awarded the Expert Infantryman Badge effective 11 May 1967.

15.  Headquarters, U.S. Army Infantry School, Fort Benning, Georgia, Special Orders Number 284, dated 7 December 1966, show the applicant was awarded the Parachutist Badge effective 9 December 1966.

16.  Headquarters, 82nd Infantry Division, Fort Bragg, North Carolina, Special Orders Number 108, dated 27 April 1967, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

17.  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 during the applicant's tenure of assignment:

	a.  the 23rd Supply and Transport Battalion was awarded the Meritorious Unit Commendation, from 1 January 1968 to 31 August 1969, based on Department of the Army General Orders Number 53, dated 1970;

	b.  the 4th Battalion, 31st Infantry, was awarded the Valorous Unit Award from 15 November 1967 to 3 February 1968, based on Department of the Army General Orders Number 5, dated 1969; and

	c.  the 196th Light Infantry Brigade was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on the Department of the Army General Orders Number 8, dated 1974.

18.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968), the Tet Counteroffensive (30 January 1968 to 1 April 1968), the Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968), the Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968), and the Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969) campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and that a silver service star denotes five bronze service stars.

19.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation
600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant three awards of the Purple Heart for wounds received in action in the Republic of Vietnam which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart with 2nd oak leaf cluster.

2.  General orders awarded the applicant two awards of the Bronze Star Medal, one of which is with a “V” Device and is not shown on his DD Form 214; therefore, he is entitled to correction of his records to show the Bronze Star Medal (1st oak leaf cluster) with “V” Device.

3.  Special orders awarded the applicant the Expert Infantryman Badge, the Combat Infantryman Badge, the Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  General orders awarded the applicant’s units of assignment the Meritorious Unit Commendation, the Valorous Unit Award, 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 unit awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of a silver service star to be affixed to his Vietnam Service Medal.

6.  The evidence of record confirms that the applicant was awarded the Good Conduct Medal (1st Award) and the Marksman Marksmanship Qualification badge with Rifle Bar (M-14) during his enlisted service.  Therefore, these awards should be added to his DD Form 214, dated 3 November 1968.  

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 adding to the applicant's 3 November 1968 DD Form 214 the Purple Heart (2nd Oak Leaf Cluster), the Bronze Star Medal (1st Oak Leaf Cluster) with “V” Device, the Expert Infantryman Badge, the Combat Infantryman Badge, the Parachutist Badge, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Meritorious Unit Commendation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Good Conduct Medal (1st Award), and a silver service star to be affixed to his already-awarded Vietnam Service Medal.


															XXX
      ______________________
               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)                                         AR20080017094



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ABCMR Record of Proceedings (cont)                                         AR20080017094



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