IN THE CASE OF:	  

		BOARD DATE:	  5 May 2009

		DOCKET NUMBER:  AR20080017949 


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 Bronze Star Medal (BSM) with first oak leaf cluster (OLC).  He also requests correction of his social security number (SSN) on the BSM with first OLC award order to show
xxx-xx-xx37 instead of xxx-xx-xx39.

2.  The applicant states he believes there is a typographical error (his SSN) on the order awarding him the BSM with first OLC, which caused the award not to be listed on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, an order for the BSM, and an order for the BSM with first OLC in support of this 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 records show he was inducted into the Army of the United States on 27 June 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He was promoted to pay grade E-5.

3.  Item 1 (Name and Service Number) of the applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as "xxx-xx-xx37."  Item 31 (Foreign Service) shows he served in the Republic of Vietnam (RVN) during the period from 15 February 1969 through 2 February 1970.  Item 38 (Record of Assignments) shows that during his tour of duty in the RVN he was assigned to Headquarters and Headquarters Company, 1st Battalion (Mechanized), 50th Infantry, 173d Airborne Brigade, performing duties as a rifleman.  It also shows he was later assigned to Headquarters and Headquarters Detachment, 173d Support Battalion (Airborne), 173d Airborne Brigade, performing duties as a cable splicer.

4.  Headquarters, 173d Airborne Brigade, General Order Number 279, dated 12 February 1970, shows the applicant was awarded the BSM with first OLC for meritorious achievement in connection with ground operations against a hostile force in the RVN during the period from 25 March 1969 to 26 January 1970.  This order shows the applicant's SSN as "xxx-xx-xx39."

5.  The applicant's DD Form 214 shows that on 13 February 1970 he was honorably released from active duty after completing 1 year, 7 months, and 1 day of creditable active service with 16 days of lost time and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

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

7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.



8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the RVN.

   a.  During the applicant's assignment to the 1st Battalion (Mechanized), 50th Infantry, 173d Airborne Brigade the unit was awarded the RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 51, dated 1971.

	b.  During the applicant's assignment to the 173d Support Battalion (Airborne), 173d Airborne Brigade the unit was awarded the Meritorious Unit Commendation based on Department of the Army General Orders (DAGO) Numbers 48, dated 1971; RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 51, dated 1971; and the RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 5, dated 1973.

	c.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969); Vietnam 
Summer-Fall 1969 (9 June 1969 - 31 October 1969); and the Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's full name, the unit issuing the order, and his social security number (with the exception of one digit) are the same as that on his first award of the BSM.  The date of service on the order is also in accordance with his service with that unit.  As such, the preponderance of evidence is sufficient for accepting the general orders awarding the applicant the BSM with first OLC.  Therefore, he is entitled to have his records corrected to show this award.

2.  The applicant contends his SSN is incorrect on his BSM with first OLC order and requests correction of this administrative error.  The preponderance of evidence supports his contention.  As such, he is entitled to have Headquarters, 173d Airborne Brigade, General Order Number 279, dated 12 February 1970, amended to show his SSN as xxx-xx-xx37 instead of xxx-xx-xx39.

3.  Record shows the applicant was awarded the VSM.  Additionally, records show the applicant participated in four campaigns while serving in the RVN.  Therefore, he is entitled to award of four bronze service stars to be affixed to his previously awarded VSM.

4.  During his tenure of service in the RVN, general orders awarded the applicant's units one award each of the RVN Gallantry Cross with Palm Unit Citation, and also the Meritorious Unit Commendation, and RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show these unit awards.

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 from item 24 of the applicant's DD Form 214 the Bronze Star Medal and the Vietnam Service Medal;

	b.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal with first oak leaf cluster, Vietnam Service Medal with four bronze service stars, Meritorious Unit Commendation, Republic of Vietnam RVN Gallantry Cross with Palm Unit Citation (two awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	c.  amending Headquarters, 173d Airborne Brigade, General Order Number 279, dated 12 February 1970 to show his social security number as xxx-xx-xx37 instead of xxx-xx-xx39.



      __________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)                                         AR20080017949



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ABCMR Record of Proceedings (cont)                                         AR20080017949



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