IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100000341 


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 (Report of Transfer or Discharge) be corrected to include his award of the Bronze Star Medal, Army Commendation Medal, and the Purple Heart.

2.  The applicant states he received these awards but believes they were omitted from his DD Form 214 because he had served in four different units in Vietnam and his records didn’t keep pace.

3.  The applicant provides copies of citations and orders for the Army Commendation Medal and Purple Heart.  

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 enlisted in the Regular Army on 16 November 1965, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  2nd Basic Combat Training Brigade Special Orders Number 3, dated 5 January 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar. 

4.  3rd Training Brigade Special Orders Number 38, dated 16 March 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.

5.  3rd Brigade, 82nd Airborne Division General Orders Number 84, dated 5 November 1968, awarded the applicant the Army Commendation Medal for meritorious service from 1 March 1968 through 31 July 1968.

6.  3rd Brigade, 82nd Airborne Division General Orders Number 189, dated 19 November 1968, awarded him the Purple Heart for wounds received in action on 4 April 1968.

7.  The DD Form 214 provides the following:

	a.  service from 16 November 1966 through 15 November 1968 with no lost time;

	b.  award of the National Defense Service Medal, Parachutist Badge, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Air Medal. 

8.  The DA 20 (Enlisted Qualification Record) provides the following:

	a.  promotion to sergeant, pay grade E-5, on 14 May 1967;

	b.  foreign service in USARPAC (United States Army - Pacific) as follows:

		(1)  Company D, 2nd Battalion, 8th Cavalry Regiment, Vietnam from 25 May 1966 through 22 June 1966;

		(2)  US Army Hospital at Camp Zama, Japan, as a [malaria] patient; from 23 June 1966 through 5 January 1967;

		(3)  Company D, 2nd Battalion, 8th Cavalry Regiment Vietnam from 6 January 1967 through 16 May 1967; 
		(4)  Company C, 2nd Battalion, 505th Infantry Regiment, Vietnam from 14 February 1968 through 7 April 1968, when he was returned to the United States as a patient; 

	c.  all conduct and efficiency ratings are recorded as "excellent";

	d.  award of the Parachutist Badge, Vietnam Service Medal, National Defense Service Medal, Combat Infantryman Badge, Air Medal, and the Republic of Vietnam Campaign Medal with Device (1960); and 

	e.  block 40 (wounds) is blank.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Bronze Star Medal.

10.  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 that while the applicant was assigned to:

	a.   2nd Battalion, 8th Cavalry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	b.  2nd Battalion, 505th Infantry Regiment, it was cited for award the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	c.  the pamphlet notes that an individual will not be issued or wear more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award 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.  

12.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign period 

listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following two campaign periods:  the Vietnam Counteroffensive, 25 December 1965 - 30 June 1966;    the Counteroffensive Phase II, 1 July 1966 – 31 May 1967, and the Tet Counteroffensive, 30 January 1968 - 1 April 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he received these awards but believes they were omitted from his DD From 214 because he had served in four different units in Vietnam and his records didn’t keep pace.

2.  The applicant's award of the Purple Heart, Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar were omitted from his DD Form 214.  It is appropriate to correct the record to reflect these awards. 

3.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 16 November 1965 through 15 November 1968.

4.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.

5.  In addition to the awards listed on the DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It is appropriate to correct the record to reflect these awards.

6.  The record does not contain and the applicant has not provided any documentation to show he was awarded the Bronze Star Medal.

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.  awarding him the Good Conduct Medal for the period 16 November 1965 through 15 November 1968; and 

	b.  correcting his records to show that, in addition to the awards listed on the DD Form 214, the applicant is also authorized award of the Purple Heart, Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award); Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and to wear three bronze service stars on his Vietnam Service Medal.

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 award of the Bronze Star 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)                                         AR20100000341



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ABCMR Record of Proceedings (cont)                                         AR20100000341



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