BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090018326 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal, Purple Heart (2) (in effect Purple Heart with Oak Leaf Cluster), Army Commendation Medal, and the Republic of Vietnam (RVN) Gallantry Cross with Bronze Star.

2.  The applicant states he did not realize the above awards were missing from his DD Form 214.  

3.  The applicant provides his DD Form 214 and orders for the above 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.  The applicant served in the Regular Army from 23 May 1966 to 22 May 1969.  He served in military occupational specialty (MOS) 11C (Indirect Fire Infantryman) and MOS 11D (Armor Intelligence Specialist).  He also completed the Basic Airborne Course.

3.  Following a brief assignment at Fort Bragg, North Carolina he was transferred to the RVN from 19 September 1967 to 14 September 1968.  He served with A Troop, 2nd Squadron, 17th Cavalry, 101st Airborne Division; 

4.  Headquarters, 101st Airborne Division issued orders awarding the applicant:
   
   a.  Special Orders Number 47, dated 16 February 1968, awarding the Combat Infantryman Badge;
   
   b.  General Orders Number 1678, dated 17 June 1968, awarding the Purple Heart for wounds sustained on 18 February 1968;
   
   c.  General Orders 6302, dated 15 September 1968, awarding the Army Commendation Medal for meritorious achievement from 1 March to 31 July 1968; and 

   d.  General Orders 7902, dated 28 October 1968, awarding the Bronze Star Medal for meritorious achievement from 1 January to 31 August 1968.
   
5.  Headquarters, 67th Evacuation Hospital, General Orders Number 127, dated 12 April 1968, awarded the applicant the Purple Heart (Second Award) for wounds received in action on 9 April 1968.

6.  A letter from Headquarters, United States Army, Vietnam, dated 
14 November 1968, authorized the applicant the Gallantry Cross with Bronze Star from the government of the RVN.

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

   a.  in item 38 (Record of Assignments) that his conduct and efficiency ratings were all "excellent";
   
   b.  in item 40 (Wounds) that he sustained burns on both hands on 
18 February 1968 and a fragment wound to the spine on 9 April 1968; and 



   c.  In item 41 (Awards and Decorations) the Vietnam Service Medal, National Defense Service Medal, Parachutist Badge, Combat Infantryman Badge, Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  On 22 May 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve to complete his service obligation.  There is no discreditable information of record.

9.  His DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons awarded or Authorized), lists his awards as the National Defense Service Medal, Vietnam Service Medal, Parachutist Badge, Combat Infantryman Badge, and the Vietnam Campaign Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides:

   a.  that the Good Conduct Medal is awarded to individuals who have completed a qualifying period of active service.  This period is 3 years except in those cases when the first period of service ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial;  

   b.  that a bronze service star will be authorized for participation in each campaign.  During the applicant’s tour in Vietnam he participated in four campaigns;  

   c.  the Vietnam Campaign Medal is correctly known as the Republic of Vietnam Campaign Medal with Device 1960.  This medal was awarded by the Government of the RVN to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more; 

   d.  that an Oak Leaf Cluster is used to denote the second and succeeding awards of the Purple Heart; and

   e.  that although multiple awards of the RVN Gallantry Cross with Palm Unit Citation are not authorized for wear, official military and historical records will indicate all awards authorized.



11.  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 the 2nd Squadron, 17th Cavalry was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 19 April –
15 August 1968 by Department of the DAGO Number 21, dated 1969 and 
15 August 1968 – 14 May 1969 by DAGO Number 43, dated 1970.  Troop A, 2nd Squadron was awarded the Valorous Unit Award for the period 19 January 
1966 – 25 March 1968 by DAGO Number 1, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Bronze Star Medal, Purple Heart with Oak Leaf Cluster, Army Commendation Medal and the RVN Gallantry Cross with Bronze Star should be added to his DD Form 214.

2.  The available evidence clearly shows the applicant is authorized the preceding awards and they should be added to his DD Form 214.

3.  He was also awarded/authorized the following awards that are not listed on his DD Form 214, but they should be listed:

   a.  four bronze service stars for wear on the Vietnam Service Medal;

   b.  Valorous Unit Award;
   
   c.  RVN Gallantry Cross with Palm Unit Citation (2nd Award); and

	d.  Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant's conduct and efficiency ratings were exclusively "excellent" and there is no discreditable information in the available record.  Therefore, he should be awarded the Good Conduct Medal and it should be added to his DD Form 214.

5.  In view of the foregoing findings and conclusions, it would be appropriate 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.  awarding him the Good Conduct Medal for the period 23 May 1966 through 22 May 1969;
   
   b.  deleting the awards currently shown on his DD Form 214; and 
   
   c.  adding the Bronze Star Medal, Purple Heart with one Oak Leaf Cluster, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, RVN Gallantry Cross with Bronze Star, RVN Campaign Medal with Device 1960, Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation (2nd Award), Combat Infantryman Badge, Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.   




      _______ _   __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)                                         AR20090018326



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ABCMR Record of Proceedings (cont)                                         AR20090018326



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