IN THE CASE OF:	 

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090018436 


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 the Purple Heart and the Bronze Star Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he was awarded these medals in May 1970.

3.  The applicant provides copies of his DD Form 214, a Narrative Summary from the Naval Hospital USS Sanctuary (AH-17), and orders for award of the Bronze Star Medal.

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 22 January 1969.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  Headquarters, 1st Basic Combat Training Brigade, Fort Gordon, GA, Special Order Number 40, dated 5 March 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant was assigned to A Company, 2nd Battalion (Airmobile), 502nd Infantry in the Republic of Vietnam from 3 August 1969 to 7 July 1970.

5.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 1454, dated 9 February 1970, awarded the applicant the Army Commendation Medal for meritorious service.

6.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 5572 awarded the applicant the Bronze Star Medal.

7.  Headquarters, 85th Evacuation Hospital General Orders Number 115, dated 17 May 1970, awarded the applicant the Purple Heart for wounds received in action on 16 May 1970.

8.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 6459, dated 7 June 1970, awarded the applicant the Army Commendation Medal with "V" device (First Oak Leaf Cluster) for heroism in the Republic of Vietnam on 14 March 1970.

9.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 9466, dated 17 August 1970, awarded the applicant the Army Commendation Medal with "V" device (First Oak Leaf Cluster) for heroism in the Republic of Vietnam on 8 May 1970.  These orders incorrectly reflect the applicant's middle initial as "A."  However, the social security number and the unit are consistent with other orders issued during his service in the Republic of Vietnam.

10.  On 21 January 1971, the applicant was released from active duty.  He had completed 2 years of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 does not show he was awarded the Bronze Star Medal and the Purple Heart.  Item 24 does show he was awarded the Army Commendation Medal with "V" device and is authorized the Vietnam Service Medal with two bronze service stars.


11.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Summer - Fall 1969 Campaign 9 June 1969 - 31 October 1969
* Vietnam Winter - Spring 1970 Campaign 1 November 1969 - 30 April 1970
* DA Sanctuary Counteroffensive Campaign 1 May 1970 - 30 June 1970

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This document shows that, during the time of the applicant’s assignment to the 
2nd Battalion (Airmobile), 502nd Infantry the unit received the 

* Valorous Unit Award for the period 25 April - 25 May 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 - 2 May 1970

13.  Department of the Army Pamphlet 672-3 shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

14.  Army Regulation 600-8-22 states an Oak Leaf Cluster is issued to denote award of a second and succeeding Army Commendation Medal.

15.  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.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Bronze Star Medal and the Purple Heart and they should be included on his DD Form 214.

2.  Orders in the applicant's official military personnel file (OMPF) show he was awarded the Bronze Star Medal and the Purple Heart.  Therefore, these awards should be added to his DD Form 214.




3.  Orders show the applicant was awarded the Army Commendation Medal for meritorious service and two Army Commendation Medals with "V" device for heroism.  Therefore, item 24 of his DD Form 214 should show the Army Commendation Medal with two Oak Leaf Clusters and "V" device.

4.  Orders in the applicant's OMPF awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be included in item 24 of his DD Form 214.

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

6.  Based on his service in the 2nd Battalion (Airmobile), 502nd Infantry in the Republic of Vietnam he is authorized the:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

7.  Therefore, the above awards should be included in item 24 of his DD Form 214.

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 item 24 of his DD Form 214 by adding the following awards:

* Bronze Star Medal
* Purple Heart
* Army Commendation Medal with two Oak Leaf Clusters and "V" device (in lieu of the Army Commendation Medal with "V" device)
* Valorous Unit Award
* Vietnam Service Medal with three bronze service stars (in lieu of the Vietnam Service Medal with two bronze service stars)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation




      _______ _  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)                                         AR20090018436



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ABCMR Record of Proceedings (cont)                                         AR20090018436



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