IN THE CASE OF:	  

		BOARD DATE:	  24 November 2009

		DOCKET NUMBER:  AR20090009846 


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.

2.  The applicant states that upon arrival in Vietnam, he was assigned to Company B, 1st Battalion, 8th Cavalry, 1st Cavalry Division, due to the loss of personnel the unit had taken.  He also states he was awarded the Bronze Star Medal in December 1969.  He adds his DD Form 214 shows he was assigned to Company E (1st Battalion, 8th Cavalry, 1st Cavalry Division), but he was not assigned to the unit.

3.  The applicant provides no additional documentary evidence 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.  The applicant was inducted into the Army of the United States and entered active duty for a period of 2 years on 27 August 1968.  Upon completion of training he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 31 (Foreign Service) he was assigned to the Republic of Vietnam (RVN) on 5 May 1969;

   b.  Item 38 (Record of Assignments) that he was assigned to Company C,
1st Battalion, 8th Cavalry, 1st Cavalry Division (RVN), from 9 May 1969 to
4 January 1970, and assigned to Company E, 1st Battalion, 8th Cavalry, 
1st Cavalry Division (RVN), from 5 January 1970 to 6 April 1970;

   c.  Item 39 (Campaigns) is blank;
   
   d.  Item 40 (Wounds) that he sustained a fragment wound to his right arm on 3 December 1969; and
   
   e.  Item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, one Overseas Service Bar, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Purple Heart, Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar, and Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

4.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System, for the Vietnam Conflict produced a copy of Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 4847, dated 2 April 1970, that show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the RVN while serving with Company B,
1st Battalion (Airmobile), 8th Cavalry.

5.  Headquarters, U.S. Army Personnel Center, Oakland, California, Special Orders Number 101, dated 11 April 1970, show the applicant was reassigned from the U.S. Army Vietnam (USARV) to the U.S. Army Personnel Center, Oakland, California, effective 11 April 1970.
6.  The applicant's DD Form 214 shows he was honorably released from active duty on 11 April 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).  At the time he had completed 1 year, 7 months, and 6 days of net active service and 11 months and 7 days of foreign service.  It also shows in:

   a.  Item 12 (Last Duty Assignment and Major Command) he was assigned to Company E, 1st Battalion, 8th Cavalry, 1st Cavalry Division (USARV); and

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Commendation Medal, Purple Heart, Combat Infantryman Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  A review of the applicant's military personnel records show he may be authorized additional awards that are not shown on his DD Form 214.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Tet Counteroffensive 1969, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970 campaigns.  This regulation also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.

9.  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 that at the time of the applicant's assignment to the 1st Battalion, 8th Cavalry, 1st Cavalry Division (USARV), the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number
42 (1972).

10.  Headquarters, U.S. Army Training Center (Air Defense), Fort Bliss, Texas, Special Orders Number 255, dated 18 October 1968, show the applicant was awarded the Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.

11.  Headquarters, U.S. Army Training Center (Air Defense), Fort Bliss, Texas, Special Orders Number 260, dated 23 October 1968, show the applicant was awarded the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

12.  Headquarters, Second Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, California, Special Orders Number 256, dated 10 December 1968, show the applicant was awarded the 1st Class Gunner
(i.e., Sharpshooter Marksmanship Qualification Badge with (81mm) Mortar Bar.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, all available records will be used as a basis for the preparation of the DD Form 214, including the Service Record, Enlisted/Officer Qualification Record, and orders.
The instructions for:

	a.  item 14 state, in pertinent part, for personnel reassigned on orders to a transfer activity, enter the losing unit of assignment as shown in the standard name line of the orders and the title of the major command or agency having jurisdiction over the losing unit of assignment; and

	b.  item 24 state to enter decorations awarded or authorized during the period covered by the DD Form 214, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Bronze Star Medal.  He also contends he was assigned to Company B, 1st Battalion, 8th Cavalry, 1st Cavalry Division (USARV) and item 12 of his DD Form 214 should be corrected to show this unit.

2.  Records show that special orders assigned the applicant from USARV to the U.S. Army Transfer Station, Oakland, California on 11 April 1970.  It is noted that item 38 of the applicant's DA Form 20 shows he was assigned to Company E,
1st Battalion, 8th Cavalry, 1st Cavalry Division (USARV), from 5 January 1970 to 6 April 1970, and item 12 of his DD Form 214 shows this as his last duty assignment and major command.

   a.  The general orders that awarded the applicant the Bronze Star Medal show his organization as Company B, 1st Battalion (Airmobile), 8th Cavalry.  Thus, the Board does not dispute the applicant’s contention that he was ordered to serve with Company B due to the loss of personnel the unit had taken.  However, based on the available evidence, it appears the applicant may have been attached to Company B rather than assigned to company.  In any event, there is insufficient evidence to show the applicant was assigned to Company B, 1st Battalion (Airmobile), 8th Cavalry, immediately prior to his departure from the RVN en route to the U.S. Army Personnel Center, Oakland, California.

   b.  The Separations Document regulation provides that for personnel reassigned on orders to a transfer activity, enter the losing unit of assignment as shown in the standard name line of the orders and the title of the major command or agency having jurisdiction over the losing unit of assignment.  Thus, in view of all of the foregoing, it is concluded that item 12 of the applicant's DD Form 214 correctly shows his last duty assignment and he is not entitled to correction of his records in this instance.

3.  General orders awarded the applicant the Bronze Star Medal for meritorious service in the RVN from May 1969 to May 1970.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

4.  The applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of three bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his
DD Form 214 to show this foreign unit award.

6.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter (1st Class Gunner) Marksmanship Qualification Badge with (81mm) Mortar Bar, and Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show these badges with the component bars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (81mm) Mortar Bar, and Marksman Marksmanship Qualification Badge with
(M-14) Rifle Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his unit of assignment.  



      _______ _   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)                                         AR20090009846



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ABCMR Record of Proceedings (cont)                                         AR20090009846



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