BOARD DATE: 28 July 2009
DOCKET NUMBER: AR20090004605
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add his Purple Heart, Bronze Star Medal (BSM), and Vietnam Service Medal (VSM).
2. The applicant states that he does not know why his DD Form 214 is missing these awards.
3. The applicant provides his DD Form 214 and excerpts from his military records.
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 applicants 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 applicants 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 that he enlisted in the Regular Army on 23 October 1967, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4.
3. The applicant served in Vietnam from 1 June 1968 to 21 May 1969. While in Vietnam, he was assigned to Company B, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade from 8 June 1968 to 24 March 1969. He was assigned to Company E, 2nd Battalion, 503rd Infantry, 173rd Airborne Brigade from 25 March 1969 to 15 May 1969. On 16 May, his duty status changed to patient.
4. While in Vietnam, he was awarded the Combat Infantryman Badge by Special Orders Number 276 dated 2 October 1968; the Air Medal by General Orders Number 295 dated 9 February 1969; the Purple Heart by General Order Number 1253 dated 16 May 1969; and the BSM with "V" Device by General Order Number 1690 dated 2 July 1969.
5. The applicant was released from active duty on 5 November 1970. His DD Form 214 shows he was awarded the National Defense Service Medal and the Parachutist Badge.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's battalion was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 15 April 1969 to 16 March 1971 by Department of the Army General Order 5, dated 1973, for a period which included the dates the applicant was assigned to that unit. That publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are: The Counteroffensive IV (2 April 1968 through 30 June 1968); Counteroffensive, Phase V (1 July 1968 through 1 November 1968); Counteroffensive, Phase VI (2 November 1968 through 22 February 1969); and Tet 69 Counteroffensive (23 February 1969 through 8 June 1969).
7. Department of the Army General Order Number 8, dated 1974, awarded all units assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal. This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after
3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
9. Army Regulation 600-8-22 also provides that the Republic of Vietnam Campaign Medal with Device 1960, a foreign award, was awarded to individuals who served in Vietnam for at least 6 months during the period 1 March 1961 to 28 March 1973, inclusive.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Combat Infantryman Badge, the Air Medal, the Purple Heart, and the BSM with "V" Device. As such, he is entitled to have these awards and decorations added to his DD Form 214.
2. The applicant is also entitled to the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Campaign Medal with Device 1960; and the Vietnam Service Medal with 4 bronze service stars based on his service in Vietnam.
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 the DD Form 214 of the individual concerned be corrected by adding the Combat Infantryman Badge; the Air Medal; the Purple Heart; the BSM with "V" Device; the Republic of
Vietnam Civil Actions Honor Medal, First Class Unit Citation; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Campaign Medal with Device 1960; and the Vietnam Service Medal with 4 bronze service stars.
_______ _ _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) AR20090004605
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