IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090021549 


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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to list his award of the Bronze Star Medal (BSM), the Purple Heart (PH), and the Army Commendation Medal (ARCOM). 

2.  The applicant states he earned the BSM for meritorious service and the PH and ARCOM were earned during his service in Vietnam in 1968, with Company C, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division. 

3.  The applicant provides copies of three certificates for the BSM, PH, and ARCOM, and his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers requests and statements to the applicant and provides no additional documentation in support of the applicant’s 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 records show he was inducted into the Army of the United States, in pay grade E-1, on 24 August 1966.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 17 May 1967 to 16 May 1968, with Company C, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division, for four campaigns.

3.  The applicant submits copy of a certificate, dated 15 March 1968, awarding him the PH for wounds received in action on 14 March 1968.  There are no orders in his records for this award.

4.  Item 38 (Record of Assignment) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was in a patient status from 24 April 1968 to an unknown date.  Item 40 (Wounds) shows he sustained a gunshot wound to the abdomen in March 1968.  

5.  General Orders Number 2093, dated 31 March 1968, were issued awarding the applicant the ARCOM with “V” Device, for heroism in connection with military operations against a hostile force, in the Republic of Vietnam, on 31 October 1967.  He submitted a copy of the resulting certificate.

6.  General Orders Number 2651, dated 5 April 1968, were issued awarding the applicant the BSM, for meritorious service in connection with military operations against a hostile force, in the Republic of Vietnam, from May 1967 to May 1968.  He submitted a copy of the resulting certificate.  

7.  The applicant was released from active duty, in pay grade E-5 (temporary), on 6 August 1968 and was transferred to the United States Army Reserve Control Group (Reinforcement).

8.  Entries on the applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards:  one Overseas Service Bar, Good Conduct Medal, National 

Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

9.  The Vietnam Casualty Roster shows the applicant's name with a casualty status of "23," indicating he was "hostile wounded in action - not serious - hospitalized."  The date of casualty is listed as 14 March 1968.

10.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star based on qualifying service for each campaign listed in appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit, 2nd Battalion, 27th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968, based on Department of the Army General Orders (DAGO) Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 based on DAGO Number 51, dated 1971.

12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states 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. For Vietnam service, one overseas service bar was 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 were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the ARCOM with “V” Device and the BSM on 31 March and 5 April 1968, respectively.  However, these awards are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his records to add these awards to his DD Form 214.

2.  The evidence also confirms the applicant was wounded in action on 14 March 1968 while serving in Vietnam.  He provided a certificate showing he was awarded the Purple Heart for those wounds.  When he was released from active duty, this award was not added to his DD Form 214.  He is also entitled to have the PH added to his DD Form 214 at this time.

3.  The evidence further confirms the applicant served in Vietnam for four campaigns and is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal to denote his campaign credit.  It would further be appropriate to add these service stars to his DD Form 214.

4.  General orders entitled the applicant's unit to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment in Vietnam.  These unit awards are not shown on his DD Form 214.  He is therefore entitled to have his DD Form 214 corrected to show these unit awards.

5.  The applicant served in the Republic of Vietnam from 17 May 1967 to 16 May 1968.  Based on this period of service, he is entitled to two Overseas Service Bars.  Therefore, his DD Form 214 should be corrected to show two Overseas Service Bars.

6.  In view of the foregoing, the applicant's records should be corrected 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and one Overseas Service Bar;

	b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Purple Heart, Army Commendation Medal with “V” Device, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations, and two Overseas Service Bars; and

	c.  providing him a corrected DD Form 214 that includes these changes.



      ____________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)                                         AR20090021549



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ABCMR Record of Proceedings (cont)                                         AR20090021549



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