BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090018540 


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 Sates Report of Transfer or Discharge) to show the Bronze Star Medal and his unit of assignment as G Company, instead of C Company, 75th Infantry (Rangers).

2.  The applicant states his DD Form 214 contains errors.

3.  The applicant provides a copy of his DD Form 214, dated 25 August 1971; a copy of his DA Form 20 (Enlisted Qualification Record); and a copy of a certificate, dated 23 August 1971, showing 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 records show he was inducted into the Army of the United States and entered active duty on 22 January 1970.  He was awarded and held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from on or about 4 August 1970 to on or about 24 August 1971 and was assigned to Company G, 75th Infantry (Rangers).

3.  He was honorably released from active duty on 25 August 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.  His DD Form 214 shows the following entries:

	a.  Item 12 (Last Duty Assignment and Major Command) shows the entry "CO C 75th INF APO 96374 USARV" indicating his last assignment was with Company C, 75th Infantry in Vietnam.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Vietnam Service Medal, Army Commendation Medal, Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Army Good Conduct Medal, and 1 Overseas Service Bar.  

4.  Headquarters, 23rd Infantry Division, General Orders Number 09398, dated 23 August 1971, awarded him the Bronze Star Medal for meritorious service with Company G, 75th Infantry (Rangers) in connection with military operations against a hostile force in Vietnam from 1 September 1970 to 31 July 1971.

5.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his assignment to Company G, 75th Infantry (Rangers), this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 April 1971 to 30 June 1971 based on Department of the Army General Orders Number 6, dated 1974.

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in the Republic of Vietnam he participated in two campaigns:  Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971) and the Consolidation I (1 July 1971 to 30 November 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Bronze Star Medal and his unit of assignment as Company G instead of Company C, 75th Infantry (Rangers).

2.  General orders awarded him the Bronze Star Medal for meritorious service 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 his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  The evidence of record shows he was assigned to Company G, 75th Infantry (Rangers) in Vietnam.  His DD Form 214 inadvertently listed his unit of assignment as Company C.  Therefore, he is entitled to correction of his DD Form 214 to show his correct unit of assignment.

6.  He completed 1 year and 21 days of foreign service in Vietnam from on or about 4 August 1970 to on or about 24 August 1971, a qualifying period of service for two overseas service bars.  His DD Form 214 listed only one overseas service bar.  Therefore, he is entitled to correction of his DD Form 214 to show two overseas service bars.

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.  deleting from item 12 of his DD Form 214 the entry "CO C 75th INF" and replacing it with the entry "Company G 75th Infantry (Rangers)";

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and one overseas service bar; and

   c.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Vietnam Service Medal with two bronze service stars, two overseas service bars, and the Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20090018540



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ABCMR Record of Proceedings (cont)                                         AR20090018540



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