IN THE CASE OF:	  

		BOARD DATE:	  7 October 2010

		DOCKET NUMBER:  AR20100009641 


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 States Report of Transfer or Discharge) to show:

	a.  award of the Bronze Star Medal with "V" Device and any other awards and decorations to which he is entitled and

	b.  his successful completion of the following training courses:

		(1)  the Airborne Course,

		(2)  the Jungle Operations Course, and

		(3)  the Basic Tropic Survival and Ethnic Familiarization Course.

2.  He states, in effect, he believes the requested corrections should be annotated on his DD Form 214, but he was unaware of the correction process until recently.

3.  He provides copies of:

	a.  his DD Form 214;

	b.  general orders awarding him the Bronze Star medal with "V" Device;

	c.  three general orders awarding him the Purple Heart;

	d.  a diploma showing his successful completion of the Airborne Course;

	e.  a certificate showing his successful completion of the Jungle Operations Course;

	f.  a certificate showing his successful completion of the Basic Tropic Survival and Ethnic Familiarization Course; and

	g.  a self-authored timeline depicting dates, locations, and operations in which he served in the Republic of Vietnam.

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.  His record shows he enlisted in the Regular Army on 2 September 1965 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/pay grade he attained while serving on active duty was sergeant/
E-5.  On 25 August 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served overseas tours of duty in:

		(1)  the Panama Canal Zone from 12 September 1966 through 9 September 1967 and

		(2)  the Republic of Vietnam from 14 December 1967 through 21 August 1968.

	b.  Item 38 (Record of Assignments) shows that during his entire tour of duty in the Republic of Vietnam he served in Company C, 2d Battalion, 501st Infantry Regiment.

	c.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

	d.  Item 40 (Wounds) shows he sustained fragmentation wounds on 22 March 1968 and 30 April 1968.

4.  He provides General Orders Number 5137 issued by Headquarters, 101st Air Cavalry Division, on 25 August 1968, which awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 19 February 1968.

5.  He provides General Orders Number 96 issued by Headquarters, 67th Evacuation Hospital, on 25 March 1968, which awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 22 March 1968.

6.  He provides General Orders Number 1006 issued by Headquarters, 101st Air Cavalry Division on 3 June 1968, which awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 4 May 1968.

7.  He provides General Orders Number 8425 issued by Headquarters, 101st Air Cavalry Division, on 28 October 1968 which awarded him the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in the Republic of Vietnam on 4 May 1968.  These orders also show he was wounded in action on this date.

8.  He provides a diploma showing his successful completion of the Airborne Course conducted at the U.S. Army Infantry School located at Fort Benning, GA, on 27 August 1966.

9.  He provides a certificate showing his successful completion of the Jungle Operations Course conducted at the U.S. Army School of the Americas located at Fort Gulick in the Panama Canal Zone on 17 February 1967.

10.  He provides a certificate showing his successful completion of the Basic Tropic Survival and Ethnic Familiarization Course conducted at the U.S. Air Force Tropic Survival School located at Albrook Air Force Base in the Panama Canal Zone on 31 March 1967.

11.  He provides a self-authored timeline depicting dates, locations, and operations in which he served in the Republic of Vietnam during the period December 1967 through August 1968.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized to wear:

* the National Defense Service Medal
* the Vietnam Service Medal
* the Vietnam Campaign Medal [properly known as the Republic of Vietnam Campaign Medal with Device (1960)
* the Parachutist Badge
* the Combat Infantryman Badge
* the Purple Heart

13.  Item 25 (Education and Training Completed) of his DD Form 214 indicates he did not complete any training requiring posting to his DD Form 214.

14.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him additional awards.

15.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  Appendix B shows the campaigns for Vietnam.  During his tour of duty in Vietnam he participated in four campaigns:  the Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam Counteroffensive Phase IV, and the Vietnam Counteroffensive Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This pamphlet shows Department of the Army General Orders (DAGO) awarded the following recognition to the applicant's unit for achievements during his period of assignment:

* the Republic of Vietnam Gallantry Cross with Palm Unit Citation, DAGO 21, dated 1969
* the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, DAGO 48, dated 1971

17.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

18.  Army Regulation 600-8-22 provides that a bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Purple Heart.

19.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it stated that installation-level training courses which were successfully completed by enlisted personnel during the period covered by the DD Form 214 would be entered in item 25.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show:

	a.  award of the Bronze Star Medal with "V" Device and any other awards and decorations to which he is entitled and

	b.  his successful completion of the following training courses:

		(1)  the Airborne Course,

		(2)  the Jungle Operations Course, and

		(3)  the Basic Tropic Survival and Ethnic Familiarization course.

2.  General orders awarded him the Bronze Star Medal with "V" Device for heroism.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

3.  General orders awarded him the Purple Heart for sustaining wounds in three separate incidents which occurred on different dates.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart with two oak leaf clusters.

4.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal and to correction of his DD Form 214 to reflect this fact.

5.  The evidence shows he completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960) and that it is improperly shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award properly.

6.  DAGO awarded the following recognition to the applicant's unit for achievements during his period of assignment; therefore, he is entitled to correction of his records to show receipt of this recognition:

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

7.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 2 September 1965 through 25 August 1968 and to correction of his records to show this award.

8.  The evidence shows he completed the following training courses on the dates indicated:

* the Airborne Course, 27 August 1966
* the Jungle Operations Course, 17 February 1967
* the Basic Tropic Survival and Ethnic Familiarization Course, 31 March 1967

9.  The Jungle Operations Course conducted at the U.S. Army School of the Americas located at Fort Gulick and the Basic Tropic Survival and Ethnic Familiarization Course conducted at the U.S. Air Force Tropic Survival School located at Albrook Air Force Base were installation-level training courses.  They were both locally developed and conducted for the explicit purpose of preparing personnel for service in the Panama Canal Zone.   Therefore, he is entitled to have this course completion annotated in item 25 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 the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 2 September 1965 through 25 August 1968;

	b.  deleting the following from item 24 of his DD Form 214:

		(1)  the Vietnam Service Medal and

		(2)  the Republic of Vietnam Campaign Medal; and 

	c.  adding the following to item 24 of his DD Form 214:

		(1)  the Bronze Star Medal with "V" Device,

		(2)  the Army Good Conduct Medal (1st Award),

		(3)  the Purple Heart with two oak leaf clusters,

		(4)  the Vietnam Service Medal with four bronze service stars,

		(5)  the Republic of Vietnam Campaign Medal with Device (1960),

		(6)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and

		(7)  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 


	d.  adding the entry "Airborne Course, August 1966 Jungle Operations Course, February 1967 Basic Tropic Survival and Ethnic Familiarization Course, March 1967" to item 25 of his DD Form 214; and

   e.  providing him a document to show 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)                                         AR20100009641



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ABCMR Record of Proceedings (cont)                                         AR20100009641



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