IN THE CASE OF:	  

		BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100021186


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 Bronze Star Medal with "V" Device, Purple Heart, and foreign medals be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states these awards and his schools were never included on his DD Form 214.  He desires to be buried at Arlington National Cemetery and believes his wife will have less trouble accomplishing this if his DD Form 214 is corrected.

3.  The applicant provides copies of orders for the Bronze Star Medal with "V" Device, Purple Heart, Combat Infantryman Badge, a letter of transmittal for the approved Republic of Vietnam (RVN) Gallantry Cross with Silver Star, and several award citations and training certificates.

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, a retired Reserve Component Armor Branch major, served on active duty from February 1964 to February 1967.

3.  His active duty service included a tour of duty in Vietnam from 27 May through 24 December 1966 as Team Commander, Tactical Intelligence Detachment (Composite), 519th Military Intelligence Battalion, 525th Military Intelligence Group.

4.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) lists his awards and decorations as the Ranger Tab, Vietnam Service Medal, National Defense Service Medal, Air Medal with 1st Oak Leaf Cluster, RVN Campaign Medal with Device (1960), Armed Forces Reserve Medal, and Combat Infantryman Badge.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the Air Medal with 2nd Oak Leaf Cluster, Armed Forces Reserve Medal, National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal with Device (1960), and Combat Infantryman Badge.

6.  Item 25 (Education and Training Completed) of his DD Form 214 lists the Associate Armor Officer Course; Ranger Course; Chemical, Biological, and Radiological Officer's Course; Intelligence Staff Officer Course; Vietnamese Language Course; and Department of the Army Evaluation 2-Year College Equivalent.

7.  The applicant earned awards that are not listed on his DD Form 214.

	a.  His DA Form 66 includes the Ranger Tab that is not shown.

	b.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The Vietnam Counteroffensive (25 December 1965-30 June 1966) and the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) correlate with the applicant's tour of duty in the RVN.

	c.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Headquarters, U.S. Army Vietnam, and its subordinate units were awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.

8.  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, disclosed only the orders for the applicant's second Air Medal.

9.  The applicant's submissions included orders for the Bronze Star Medal with "V" Device and the Purple Heart; a letter certifying he was authorized to accept the RVN Gallantry Cross with Silver Star; certificates for a 1981 Army Commendation Medal, his three Air Medals, the CBR Officer Course, Ranger Course, and a 1969 Field Grade Armor Officer Refresher Course; a 1977 Bachelor of Science diploma; and a 1989 letter attesting to his completion of the requirements for a Master of Science degree.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that the Bronze Star Medal with "V" Device, Purple Heart, his foreign medals and his schools were never included on his DD Form 214.

2.  The applicant's Bronze Star Medal with "V" Device, Purple Heart, and RVN Gallantry Cross with Silver Star are not listed on his DD Form 214, but should be.

3.  The applicant was also awarded or authorized the RVN Gallantry Cross with Palm Unit Citation, two bronze service stars for wear on the Vietnam Service Medal, and the Ranger Tab.  These should also be added to his DD Form 214.

4.  It is not appropriate to add training and education that occurred subsequent to 21 February 1967, the date the DD Form 214 was issued.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's record as follows.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding the Bronze Star Medal with "V" Device, Purple Heart, two bronze service stars for wear on the Vietnam Service Medal, RVN Gallantry Cross with Silver Star, RVN Gallantry Cross with Palm Unit Citation, and Ranger Tab to the awards listed on his DD Form 214.

2.  The Board further determined 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 listing additional education and training courses on the applicant's DD Form 214.



      ____________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)                                         AR20040005872



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ABCMR Record of Proceedings (cont)                                         AR20100021186



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