BOARD DATE:	  3 December 2009

		DOCKET NUMBER:  AR20090009166 


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 his first award of the Bronze Star Medal.  He also requests correction of General Orders Number 268 to show his correct Social Security Account Number (SSAN).

2.  The applicant states that his first award of the Bronze Star Medal is not reflected on his DD Form 214 and that due to typographical errors an incorrect SSAN is reflected on General Orders Number 268.

3.  The applicant, through his Representative in Congress, provides a Privacy Release statement, dated 7 January 2009; a letter from his Representative in Congress, addressed to the Army Review Boards Agency, dated 4 May 2009; a copy of Headquarters, 173rd Airborne Brigade (Separate), General Orders Number 471; dated 11 February 1968; a copy of a National Archives (NA) 
Form 13038 (Certification of Military Service), dated 20 February 2009; a copy of Headquarters, 173rd Airborne Brigade (Separate), General Orders Number 268, dated 19 January 1968; a copy of his DD Forms 214 for the period ending 19 January 1962, 19 January 1966, 19 January 1969, and 3 June 1969; a copy of a DD Form 215 (Correction to DD Form 214), dated 13 February 2009; and a letter from the National Personnel Records Center (NPRC) addressed to his Representative in Congress, dated 9 February 2009, notifying him of the awards to which he is entitled and furnishing him copies of his awards.



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 10 June 1958, the applicant enlisted in the Regular Army (RA) in Jackson, MI, for 3 years in the pay grade of E-1.  He successfully completed his training in military occupational specialty (MOS) 11B (light weapons infantryman).  He remained on active duty through a series of reenlistments.

3.  On 19 January 1968, General Orders Number 268 were published awarding the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 6 November 1967.  On his orders his SSAN is incorrect.

4.  On 11 February 1968, General Orders Number 471 were published awarding the applicant the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device for heroism in connection with military operations against a hostile force on 11 November 1967.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 19 January 1969 shows that he was awarded the Army Good Conduct Medal (2nd award), Vietnam Service Medal, Purple Heart, Combat Infantryman Badge, Vietnam Campaign Medal, Two Overseas Service Bars, and the Bronze Star Medal with "V" Device.

6.  The applicant retired by reason of permanent physical disability on 3 June 1969.  The DD Form 214 that he was furnished at the time of his retirement shows that he was awarded the Bronze Star Medal (First Oak Leaf Cluster), Purple Heart, Army Good Conduct Medal (2nd award), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Infantryman Badge, Combat Infantryman Badge, Senior Parachutist Badge, Master Parachutist Badge, and the Parachutist Badge.
7.  On 9 February 2009, NPRC notified the applicant's Representative in Congress of his entitlement to the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device, Purple Heart, Army Good Conduct Medal (2nd award), Presidential Unit Citation, Meritorious Unit Commendation, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Expert Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-1), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Parachutist Badge (Senior), Parachutist Badge (Basic), and the Parachutist Badge (Master).  The applicant was furnished duplicates of these awards.

8.  On 13 February 2009, the applicant was furnished a DD Form 215 correcting his DD Form 214, dated 19 January 1969, to delete the Bronze Star Medal with "V" Device and to add the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device, Presidential Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  U.S. Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may be awarded for heroism, meritorious achievement, or meritorious service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.

10.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” Device in conjunction with awards of the Army Commendation Medal, Air Medal, or the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, Air Medal, or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one “V” Device may be worn on awards of the Army Commendation Medal, Air Medal, or the Bronze Star Medal for heroism.

12.  Army Regulation 635-5 (Personnel Separations - 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.  The applicant contends that his DD Form 214 should be amended to show his first award of the Bronze Star Medal and that General Orders Number 268 should be amended to reflect his correct SSAN.

2.  His contentions have been noted.  His DD Form 214 for the period ending 19 January 1969 was appropriately amended to show he was awarded the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.  However, his final DD Form 214 for the period ending 3 June 1969 should have also been amended to show he was awarded the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device.  Therefore, it would be appropriate to affect the correction at this time.

3.  The applicant's records also show that he was awarded the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with two bronze service stars, Expert Marksmanship Qualification Badge with Rifle Bar (M-1), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his final DD Form 214 should be amended to include these awards.

4.  Additionally, General Order Number 268 does, in fact, reflect the incorrect SSAN.  Therefore, this order should be amended to reflect his correct SSAN.

5.  In view of the foregoing, it would now be in the interest of justice 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.  adding to item 24 of his DD Form 214 for the period ending 3 June 1969 the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device, Vietnam Service Medal with two bronze service stars, Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation,  Expert Marksmanship Qualification Badge with Rifle Bar (M-1), Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14); and
   
   b.  amending Headquarters, 173rd Airborne Brigade (Separate), General Orders Number 268 to reflect his correct SSAN.



      __________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)                                         AR20090009166



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090009166



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1