BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090012642 


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, Vietnam Campaign Medal, and any other medals authorized after or at the time of his discharge.

2.  The applicant states he was unaware of these awards until he was recently informed of such by the Department of Veterans Affairs (VA).

3.  The applicant provides copies of his DD Form 214 and an extract from his VA rating decision, dated 18 May 2007 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 enlisted in the Regular Army on 2 January 1968.  He was awarded the military occupational specialty of artilleryman and was promoted to pay grade E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 13 April 1969 to 12 April 1970.  His DA Form 20 shows he was assigned to Battery B, 6th Battalion, 15th Artillery, as a cannoneer during the period 14 April 1969 to 18 August 1969.  It further shows that he was assigned to Battery B, 2nd Battalion, 319th Artillery, as a cannoneer during the period 28 September 1969 to 18 April 1970.

4.  The applicant's official military personnel file (OMPF) contains Headquarters, 8th Infantry Division, Special Orders Number 216, dated 3 August 1968, awarding the applicant the Parachutist Badge.

5.  The applicant's OMPF contains Headquarters, 101st Airborne Division (Airmobile), General Orders Number 1546, dated 9 February 1970, awarding the applicant the Army Commendation Medal for meritorious achievement during the period 1 September 1969 to 31 January 1970.

6.  The applicant's OMPF contains Headquarters, 101st Airborne Division (Airmobile), General Orders Number 2369, dated 4 March 1970, awarding the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force during the period 1 May 1969 to 28 February 1970.

7.  The applicant's DD Form 214 shows he was discharged from active duty on 29 August 1970 and issued a General Discharge Certificate.  He completed 2 years, 7 months, and 17 days of active service.

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.  The applicant's DA Form 20, item 41 (Awards and Decorations), shows he was authorized the Republic of Vietnam (RVN) Campaign Medal with Device (1960).

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 (23 February 1969-8 June 1969), Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969), and Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Battery B, 6th Battalion, 15th Artillery, it was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders (DAGO) Number 51, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows that at the time of the applicant's assignment to Battery B, 2nd Battalion, 319th Artillery, it was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 48, dated 1971.

13.  Department of the Army Pamphlet 672-3 shows the RVN Gallantry Cross with Palm Unit Citation was awarded to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973 based on DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal.

2.  General orders awarded the applicant the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal.

3.  Special orders awarded the applicant the Parachutist Badge.  Therefore, he is entitled to correction of his DD Form 214 to show the Parachutist Badge.

4.  The applicant's records show he was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

5.  General Orders cited two of the units to which the applicant was assigned at the time the 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 records to show this foreign unit award.

6.  General Orders show the applicant is entitled to award of the RVN Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this foreign unit award.

7.  In view of the foregoing, the applicant's records should be corrected as shown 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 amending the applicant's DD Form 214 by adding the Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal with three bronze service stars, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation (two awards), and Parachutist Badge.



      _____________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)                                         AR20090012642



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ABCMR Record of Proceedings (cont)                                         AR20090012642



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