IN THE CASE OF:	  

		BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090012826 


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) as follows:

	a.  to show award of the "Purple Heart" instead of the "Purple Heat";

	b.  to show award of the Combat Infantryman Badge; and

	c.  to show he completed 2 years, 9 months, and 9 days instead of 1 year, 9 months, and 9 days of total active service

2.  The applicant states that he served in Vietnam and was awarded the Bronze Star Medal with "V" Device which supports award of the Combat Infantryman Badge.  He also states that he enlisted on 29 January 1965 and was separated on 29 November 1967.  His DD Form 214 incorrectly lists his net service as 1 year, 9 months, and 9 days.  Additionally, he was issued a DD Form 215 (Correction to DD Form 214) that misspells the word "Heart" as "Heat."

3.  The applicant provides a copy of his DD Form 215, dated 13 September 2006; a copy of his DD Form 214, dated 29 November 1967; and a copy of General Orders Number 549, issued by Headquarters, 25th Infantry Division, on 13 February 1967, awarding him the Bronze Star Medal with "V" Device in support of his request.


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 3 years on 29 January 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

2.  The applicant's records also show he served in the Republic of Vietnam from on or about 29 September 1966 to on or about 28 November 1967.  He was assigned to Company A, 4th Battalion, 23rd Infantry, 25th Infantry Division.

3.  He was honorably separated in the rank/grade of sergeant/E-5 on 29 November 1965.  The DD Form 214 he was issued shows the following entries:

	a.  items 22a(1) (Statement of Service-Net Service This Period), item 22a(3) (Total), and item 22b (Total Active Service) show the entries "1  9  9";

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Bronze Star Medal;

	c.  item 26 (Non-Pay Periods Time Lost) shows the entry "10 Jan 66-1 Feb 66"; and

	d.  item 30 (Remarks) shows he had 22 days of lost time from 10 January 1966 to 1 February 1966.

4.  On 13 September 2006, the applicant was issued a DD Form 215 that deleted the Bronze Star Medal and added the Bronze Star Medal with "V" Device and the Purple Heart.  However the word "Heart" is entered as "Heat" on this form.

5.  Headquarters, 25th Infantry Division, Special Orders Number 329, dated 6 December 1966, show the applicant was awarded the Combat Infantryman Badge.

6.  Headquarters, 25th Infantry Division, General Orders Number 2569, dated 25 June 1967, show the applicant was awarded the Purple Heart for wounds received in action on 18 June 1967 in the Republic of Vietnam.

7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of the applicant's assignment to Company A, 4th Battalion, 23rd Infantry, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 April 1966 to 31 August 1968 based on Department of the Army General (DAGO) Orders Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Citation from 30 April 1966 to 21 January 1970 based on DAGO Number 51, dated 1971.

9.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, appendix B of Army Regulation 600-8-22 (Military Awards) shows that during the applicant's tour of duty in the Republic of Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase II from 1 July 1966 to 31 May 1967 and the Vietnam Counteroffensive Phase III from 1 June 1967 to 29 January 1968 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Combat Infantryman Badge and 2 years, 9 months, and 9 days of total active service.  Also he contends that his DD Form 215 should be corrected to show award of the "Purple Heart" instead of the "Purple Heat."

2.  Special orders awarded the applicant the Combat Infantryman Badge during his service in Vietnam which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded the applicant the Purple Heart for wounds received in action on 18 June 1967 in the Republic of Vietnam.  This award is incorrectly listed as "Purple Heat" on his DD Form 215; therefore, he is entitled to correction of his DD Form 215 to show the correct name for this award as "Purple Heart."

4.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

6.  The evidence of record shows the applicant enlisted on 29 January 1965 and was honorably separated on 29 November 1967.  He completed 2 years, 10 months, and 1 day of active service.  He also had 22 days of lost time which should be subtracted from his total service.  Therefore, he completed 2 years, 9 months, and 9 days of net active service during this period of enlistment.  This period of service is incorrectly listed as 1 year, 9 months, and 9 days of net service on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 2 years, 9 months, and 9 days of total active service.

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.  voiding the applicant's DD Form 215, dated 13 September 2006; and

	b.  issuing the applicant a new DD Form 215 as follows:

		(1)  deleting the entry "1  9  9" from items 22a(1), 22a(3) and 22b of his DD Form 214 and adding the entry "2  9  9" in each item;

		(2)  deleting from item 24 of his DD Form 214 the Bronze Star Medal; and

		(3)  adding to item 24 of his DD Form 214 the Bronze Star Medal with "V" Device, the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



      ___________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)                                         AR20090012826



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012826



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1