IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007280 


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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1985 to show the Purple Heart, Air Medal, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states, in effect, these awards were not included on his final 
DD Form 214.

3.  The applicant provides no additional evidence in support of his 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 personnel records show he enlisted in the Regular Army on 11 June 1965 for a period of 3 years.  

3.  The applicant served in the Republic of Vietnam from 22 November 1965 to 23 November 1966.  The unit(s) to which he was assigned during this period was not available for review.

4.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 3842, dated 19 November 1966, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period from 1 January 1966 to 1 August 1966.

5.  On 10 June 1968, the applicant was released from active duty.  He had completed 3 years of active service that was characterized as honorable.  
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or is authorized the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  The applicant enlisted in the Regular Army on 6 August 1968 and continued to serve until his retirement.  On 31 August 1985, the applicant was released from active duty and transferred to the Retired List on the following day.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the

* Purple Heart
* Air Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he was awarded or is authorized the:

* Purple Heart
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Defense (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the awards of the Purple Heart, Air Medal, Combat Infantryman Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar should be added to his DD Form 214 for the period ending 31 August 1985.

2.  All of the applicant's awards should be included on his final DD Form 214.  Entries on his DD Form 214 with an effective date of 10 June 1968 and his 
DA Form 2-1 confirm he was awarded or is entitled to the:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

3.  Orders in the applicant's Official Military Personnel File show he was awarded the Air Medal.

4.  Therefore, it would be appropriate to include all of the above awards in
item 13 of his DD Form 214 for the period ending 31 August 1985.

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 13 of his DD Form 214 for the period ending 31 August 1985 the Vietnam Service Medal; and

   b.  adding to item 13 of his DD Form 214 for the period ending 31 August 1985 the:

* Purple Heart
* Air Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman 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)                                         AR20100007280



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)