IN THE CASE OF:	  

		BOARD DATE:	       10 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090006899 


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 include his award of the Bronze Star Medal and all additional awards to which he is entitled.

2.  The applicant states, in effect, that his DD Form 214 should be amended to include all of the awards that he earned while he was in the Army.

3.  The applicant provides a copy of his DD Form 214; a copy of the citation showing that he was awarded the Bronze Star Medal; a copy of the certificate showing that he was awarded the Bronze Star Medal; and a copy of his Florida Driver License in support of his 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.  On 5 September 1967, the applicant enlisted in the Regular Army (RA) in Philadelphia, PA, for 3 years, in the rank/grade of private (PV1)/E-1.  He successfully completed his training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  The applicant was transferred to Vietnam on or about 2 April 1968 and he was assigned to Company A, 2nd Battalion, 502nd Infantry Regiment, 101st Airborne Division.

3.  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, shows that on 19 March 1969, Headquarters, 101st Airborne Division, General Orders Number 2481 was published awarding him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force during the period 1 July 1968 to 28 February 1969.

4.  Further review of the ADCARS shows that Headquarters, United States Army Vietnam, General Orders Number 790, dated 30 March 1970, awarded the applicant the Army Commendation Medal for meritorious service while in the Republic of Vietnam from May 1968 to April 1970.

5.  The applicant returned to the Continental United States on 7 April 1970 and he was honorably released from active duty (REFRAD) that date under the provisions of Army Regulation 625-200, chapter 5, as an overseas returnee.     He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

6.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows that he was awarded the National Defense Service, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); Vietnam Service Medal; Republic of Vietnam Campaign Medal, Army Good Conduct Medal, Air Medal, Combat Infantryman Badge, Purple Heart, Parachutist Badge, and four Overseas Service Bars.

7.  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 the unit to which the applicant was assigned 

was cited for award of Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Order (DAGO) Number 48 dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period
18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the following six campaigns during his tour of duty in the Republic of Vietnam:  the Vietnam Counteroffensive, Phase IV (2 April - 30 June 1968); Vietnam Counteroffensive, Phase V (1 July - 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969); Tet 69 Counteroffensive (23 February - 8 June 1969); Vietnam Summer-Fall 1969
(9 June 1 31 October 1969); and the Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970.  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 is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form should be corrected to include his award of the Bronze Star Medal and all additional awards to which he is entitled was carefully considered and determined to have merit.

2.  The ADCARS contained a copy of orders awarding the applicant the Bronze Star Medal and the Army Commendation Medal.  Therefore, his records should be corrected to show these awards.

3.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment.  Therefore, he is entitled to have his records corrected to show these foreign unit awards.

4.  Records show the applicant was awarded the Vietnam Service Medal; however, it does not show his entitlement to the service stars for wear on the Vietnam Service Medal based on campaign participation.  Therefore, his records should be corrected to show 1 silver service star and 1 bronze service star for wear on his Vietnam Service Medal. 

5.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.

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 his DD Form 214 the Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal with 1 silver and 1 bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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)                                         AR20090006899



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ABCMR Record of Proceedings (cont)                                         AR20090006899



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