IN THE CASE OF:	  

		BOARD DATE:	        23 JULY 2009

		DOCKET NUMBER:  AR20090004388 


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 records to show award of the Combat Infantryman Badge (CIB), Purple Heart (PH), and Bronze Star Medal (BSM). 

2.  The applicant states he earned these awards, but they were never awarded.

3.  The applicant provides no additional documentary evidence 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 military records show he was inducted into the Army of the United States on 24 June 1968.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He was advanced to pay grade E-4, which is the highest grade he attained during his tenure of service.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he performed duties as a rifleman while assigned to Headquarters and Headquarters Company and to Company B, 3d Battalion (Airmobile), 187th Infantry during his tour of duty in the Republic of Vietnam from 16 March to       14 June 1969.

4.  The applicant's Official Military Personnel File (OMPF) contains Headquarters, 101st Airborne Division, Special Orders Number 205, dated 24 July 1969, awarding him the CIB. 

5.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, revealed Headquarters, 101st Airborne Division General Orders Number 5841, dated 27 May 1969, awarding the applicant the PH and Headquarters, 101st Airborne Division (Airmobile) General Orders Number 12568, dated 29 September 1969, awarding the applicant the BSM with "V" Device.

6.  The applicant was honorably released from active duty on 23 June 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 2 years of creditable active service.

7.  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 (VSM) with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and 1st Class Gunner [Sharpshooter) Marksmanship Qualification Badge with Machinegun Bar.

8.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam (RVN).  The unit to which the applicant was assigned while serving in the RVN was cited for award of the Presidential Unit Citation based on Department of the Army General Orders (DAGO) Number 16, dated 1972; Valorous Unit Award based on DAGO Number 2, dated 1971; RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 43, dated 1970; and the RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 48, dated 1971.

10.  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 Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969) and the Vietnam Summer-Fall 1969 (9 June - 31 October 1969) 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.  General orders show the applicant was awarded the BSM with "V" Device, PH, and CIB.  Therefore, he is entitled to have his DD Form 214 corrected to show these awards.

2.  General orders awarded the applicant's unit the Presidential Unit Citation, Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class 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.

3.  Records show the applicant was awarded the VSM and that he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of the VSM with two bronze service stars.

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 Vietnam Service Medal and replacing it with the entry Vietnam Service Medal with two bronze service stars; and

	b.  adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal with "V" Device, Purple Heart, Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, Presidential Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




      ___________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)                                         AR20090004388



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ABCMR Record of Proceedings (cont)                                         AR20090004388


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