IN THE CASE OF:	  

		BOARD DATE:	  26 January 2010 

		DOCKET NUMBER:  AR20090013008 


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 that his awards of the Purple Heart with Oak Leaf Cluster and the Army Commendation Medal be added to his DD Form 214.

2.  The applicant states he earned the Purple Heart with Oak Leaf Cluster in 1968-1969 and the Army Commendation Medal in 1972.

3.  The applicant provides no additional 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's military personnel records show he was inducted into the Army of the United States on 6 September 1967 and was separated on 18 August 1969 in military occupational specialty (MOS) 11B (Light Weapons Infantryman) as an overseas returnee.  He enlisted in the Regular Army on 30 October 1970 for a period of 3 years in MOS 11B.  He immediately reenlisted on 16 March 1971 for a period of 6 years.

3.  Headquarters, 3rd Training Brigade, Fort Jackson, Special Orders Number 12, dated 22 January 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Machine Gun Bar.

4.  Headquarters, 4th Battalion, 10th Infantry, Fort William D. Davis, Canal Zone, Special Orders Number 106, dated 28 May 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar.

5.  The applicant was assigned to Company C, 2nd Battalion, 35th Infantry, in the Republic of Vietnam during the period 29 February 1969 to 24 August 1969.

6.  Headquarters, 4th Infantry Division, General Orders Number 1027, dated 5 April 1969, awarded the applicant the Purple Heart for wounds received by a hostile force on 7 March 1969.

7.  Headquarters, 4th Infantry Division, General Orders Number 1745, dated 17 May 1969, awarded the applicant the Purple Heart with Oak Leaf Cluster for wounds received by a hostile force on 14 May 1969.

8.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served during the Tet 69 Counteroffensive 1969 Campaign (23 February 1969- 8 June 1969) and the Vietnam Summer-Fall 1969 Campaign (9 June 1969-31 October 1969).

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the 2nd Battalion, 35th Infantry, the unit received the following unit awards:

	a.  two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 1 August 1967-28 July 1969 based on Department of the Army General Order (DAGO) Number 38, dated 1970, and 29 July 1969-17 November 1970 based on DAGO Number 52, dated 1971; and

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967-31 October 1969 based on DAGO Number 53, dated 1970.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with an effective date of 18 August 1969 does not include the Purple Heart with Oak Leaf Cluster.  Item 24 does show he is authorized the Vietnam Service Medal.

11.  On 30 October 1970, the applicant enlisted in the Regular Army for a period of 3 years.  On 16 March 1971, he immediately reenlisted for a period of 6 years.

12.  The applicant was assigned to Company D, 2nd Battalion, 8th Cavalry, in the Republic of Vietnam during the period 25 July 1971 to 31 March 1972.

13.  Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), General Orders Number 1103, dated 5 April 1972, awarded the applicant the Bronze Star Medal for meritorious service not involving participation in aerial flight in connection with ground operations against a hostile enemy force in the Republic of Vietnam during the period July 1971 to April 1972.

14.  Based on the applicant's dates of service in Vietnam during this period, Table B-1 of Army Regulation 600-8-22 shows he served during the Consolidation I Campaign (1 July 1971-30 November 1971), the Consolidation II Campaign (1 December 1971-29 March 1972), and the Vietnam Cease-Fire Campaign (30 March 1972-28 January 1973).

15.  Department of the Army Pamphlet 672-3 shows that during the time of the applicant's assignment to the 2nd Battalion, 8th Cavalry, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965-June 1972 based on DAGO Number 54, dated 1975.

16.  On 1 October 1974, the applicant was discharged in lieu of trial by court-martial.

17.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Army Commendation Medal.

18.  There are no orders in the applicant's records awarding him the Army Commendation Medal.

19.  Department of the Army Pamphlet 672-3 states, in pertinent part, that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although the wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

20.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

21.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation.  A silver service star is worn instead of five bronze service stars.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

22.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided in pertinent part, that all decorations, service medals, campaign credits, and badges awarded or authorized from the DA Form 20 be entered in item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his Purple Heart with Oak Leaf Cluster awarded in 1969 should be included on his DD Form 214.

2.  During the applicant's period of active service from 6 September 1967 to 18 August 1969 he was awarded the Purple Heart with Oak Leaf Cluster, the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, and the Marksman Marksmanship Qualification Badge with Machine Gun Bar.  Army Pamphlet 672-3 shows his unit received two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it is appropriate to include these awards on his DD Form 214 with an effective date of 18 August 1969.

3.  The applicant's military personnel records show he participated in two campaigns during his service in Vietnam in 1969.  Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal.

4.  The applicant contends he was awarded the Army Commendation Medal in 1972.

5.  There are no orders for award of the Army Commendation Medal in the applicant's military personnel records jacket.  His DA Form 20 does not show he was awarded the Army Commendation Medal.  Therefore, there is insufficient evidence to add this award to his DD Form 214.

6.  The records show that during his active service from 30 October 1970 to 1 October 1974 he was awarded or was authorized the Bronze Star Medal and a third award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He participated in three additional campaigns when he returned to the Republic of Vietnam in July 1971.  Therefore, it is appropriate to include these awards with all previous awards on his DD Form 214 with an effective date of 1 October 1974.

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.  amending item 24 of his DD Form 214 with an effective date of 18 August 1969 to show he was awarded or is authorized the Purple Heart with Oak Leaf Cluster, the Vietnam Service Medal with two bronze service stars, the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, the Marksman Marksmanship Qualification Badge with Machine Gun Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	b.  amending item 26 of the applicant's DD Form 214 with an effective date of 1 October 1974 to show he was awarded or is authorized the Bronze Star Medal, the Purple Heart with Oak Leaf Cluster, the Vietnam Service Medal with one silver service star, the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, the Marksman Marksmanship Qualification Badge with Machine Gun Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (three awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 the Army Commendation 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)                                         AR20090013008



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ABCMR Record of Proceedings (cont)                                         AR20090013008



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