IN THE CASE OF:	  

		BOARD DATE:	  8 February 2011

		DOCKET NUMBER:  AR20100021266 


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 Headquarters, 25th Infantry Division, General Orders Number 8769, dated 6 July 1969.

2.  The applicant states there are two errors in his Bronze Star Medal (BSM) with "V" Device orders.  The first is the incorrect first name of "Robert" and the second is an error in the last digit of his social security number (SSN).

3.  The applicant refers to his record 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 record shows he enlisted in the Regular Army on 16 September 1968 and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 2 April 1969 through 22 June 1969.  Item 38 (Record of Assignments) shows that during his RVN tour of duty, he was assigned to Company B and Company C, 2nd Battalion, 22nd Infantry Regiment, 25th Infantry Division, performing duties in MOS 11B as a rifleman.  It also shows he entered a patient status on 23 June 1969 and was medically evacuated to Fort Gordon, Georgia.

4.  Item 40 (Wounds) of his DA Form 20 contains an entry confirming he received a traumatic amputation wound of his left foot above the ankle as a result of enemy action in the RVN on 11 June 1969.  Item 41 (Awards and Decorations) shows he was awarded the Purple Heart (PH) in orders issued on 12 June 1969.

5.  The applicant's record contains Headquarters, 12th Evacuation Hospital, General Orders Number 155, dated 12 June 1969, which awarded him the PH for being wounded in action in the RVN on 11 June 1969.

6.  On 29 December 1969, the applicant was honorably released from active duty by reason of temporary disability and was placed on the Temporary Disability Retired List (TDRL).  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he earned the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* PH
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  The BSM with "V" Device is not included in the list of awards in item 24 of the applicant's DD Form 214.

8.  The applicant's DA Form 20 and all documents in his record confirm his first name is "Roger" and that the last digit of his SSN is "3."

9.  The applicant provides a copy of Headquarters, 25th Infantry Division, General Orders Number 8769, dated 6 July 1969, which awarded the applicant the BSM with "V" Device for heroism in action in the RVN on 11 June 1969.  These orders erroneously list his first name as "Robert" instead of "Roger" and the last digit of his SSN as "7" instead of "3."

10.  During the review of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System which is a web based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era.  Headquarters, 25th Infantry Division, General Orders Number 8769 awarding the BSM with "V" Device is filed in this system.  The narrative on the orders confirms the applicant, while serving as a member of Company C, 2nd Battalion, 22nd Infantry Regiment, in the RVN on 11 June 1969 was cited for heroism in connection with military operations against a hostile force.  It further confirms he was wounded while assaulting an enemy bunker but still continued the assault and silenced the enemy position with deadly fire from his M-16.

11.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969) and Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969).

12.  Army Regulation 600-8-22 contains guidance on combat badges and special skill badges and paragraph 8-6 contains specific guidance on the Combat Infantryman Badge (CIB).  It states for award of the CIB a Soldier must meet the following requirements:

	a.  be an infantryman satisfactorily performing infantry duties,

	b.  be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and

	c.  actively participate in such ground combat by being personally present and under hostile fire while serving in an assigned infantry duty in a unit actively engaged in ground combat with the enemy.

13.  Paragraph 9-13 of Army Regulation 600-8-22 contains guidance on the RVN Campaign Medal (RVNCM).  It states it is awarded by the Government of Vietnam for service in the RVN.  Normally a member must have served in the RVN for 6 months during the qualifying period between 1 March 1961 and 28 March 1973.  However, there are exceptions when the award may be made for period of less than 6 months.  One of the exceptions is when a member is wounded by hostile forces.  It further states the Device (1960) is authorized for wear with this award.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment tenure, the applicant's unit (2nd Battalion, 22nd Infantry Regiment) received the RVN Gallantry Cross with Palm Unit Citation for 1 September 1968-30 September 1970 by Department of the Army General Orders Number 48, dated 1971; and RVN Civil Actions Honor Medal First Class Unit Citation for 1 August 1967-21 January 1970 by Department of the Army General Orders Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his BSM with "V" Device orders erroneously contain an incorrect first name and last digit of his SSN has been carefully considered and is found to have merit.  The evidence of record confirms the applicant entered, served, and was separated under the first name "Roger" under an SSN with the last digit of "3."  It further shows the orders awarding him the BSM with "V" Device for his heroic actions in the RVN on 11 June 1969 erroneously listed his first name as "Robert" instead of "Roger" and the last digit of his SSN as "7" instead of "3."  Therefore, it would be appropriate to correct these orders accordingly.

2.  The record shows he served as an infantryman in a qualifying infantry unit and the BSM with "V" Device confirms his participation in active ground combat with enemy forces in his infantryman capacity.  Therefore, it would be appropriate to award him the CIB based on his qualifying combat service in the RVN and to add this award to his record and DD Form 214 at this time.

3.  The record shows that based on his service and campaign participation in the RVN, he is also eligible for the RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear with his VSM.  Therefore, it would be appropriate to add these awards to his record and 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.  issuing a corrected copy of Headquarters, 25th Infantry Division, General Orders Number 8769, dated 6 July 1969, that contains the correct first name of "Roger" and the correct last digit of the SSN of "3";

	b.  awarding him the Combat Infantryman Badge for action on 11 June 1969;

	c.  amending item 24 of his DD Form 214 by deleting the current Vietnam Service Medal and replacing it with the Vietnam Service Medal with two bronze service stars; and

	d.  adding the Bronze Star Medal with "V" Device, RVN Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and Combat Infantryman Badge to item 24 of his 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)                                         AR20100021266



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ABCMR Record of Proceedings (cont)                                         AR20100021266



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