IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100021568 


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 award of the Purple Heart, Combat Infantryman Badge, and any other decorations he is authorized.

2.  The applicant states he would like his DD Form 214 to accurately show all of his authorized awards and decorations.

3.  The applicant provides copies of his Purple Heart Certificate and orders and orders for the Combat Infantryman Badge.

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 was inducted into the Army of the United States on 11 September 1968.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in the Republic of Vietnam from 3 February 1969 through 14 April 1970;

	b.  item 38 (Record of Assignments) he was assigned to:

		(1)  Troop G, 2nd Squadron, 11th Armored Cavalry Regiment, from 7 February 1969 through 25 July 1969 and

		(2)  Company C, 52nd Infantry, 716th Military Police Battalion, from 26 July 1969 through 13 April 1970;

	c.  item 39 (Campaigns) the Vietnam Counteroffensive Phase VI and Tet 69 Counteroffensive 1969;

	d.  item 40 (Wounds) is blank; and

	e.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Purple Heart (1st Award), Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal, three overseas service bars, and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, Special Orders Number 308, dated 4 November 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

5.  Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, Special Orders Number 16, dated 16 January 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar.

6.  Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, Special Orders Number 16, dated 16 January 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Machine Gun (M-60) Bar.

7.  A DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214) dated 6 June 1997, shows the applicant was honorably released from active duty on 18 April 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

	a.  He completed 1 year, 7 months, and 8 days of net active service and 1 year, 2 months, and 15 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Good Conduct Medal, Purple Heart, and Combat Infantryman Badge.

	c.  Item 30 (Remarks) shows he served in the Republic of Vietnam from 3 February 1968 [sic] through 18 April 1970.

8.  A review of The Adjutant General's Office Casualty Division's Vietnam casualty roster shows the applicant's name is listed as a casualty on 8 July 1969 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

9.  In support of his request the applicant provides the following documents:

	a.  Headquarters, 11th Armored Cavalry Regiment, General Orders Number 106, dated 8 August 1969, and a Purple Heart Certificate that awarded the applicant the Purple Heart for wounds received in action against a hostile force in the Republic of Vietnam on 8 July 1969.

	b.  Headquarters, 11th Armored Cavalry Regiment, Special Orders Number 116, dated 4 May 1969, that awarded the applicant the Combat Infantryman Badge.

10.  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 additional individual award orders pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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 participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.

	a.  This pamphlet shows that at the time of the applicant's assignment to Company C, 52nd Infantry, 716th Military Police Battalion, the company was awarded the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 51, dated 1971.

	b.  It also shows the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Purple Heart, Combat Infantryman Badge, and any other decorations he is authorized.

2.  The applicant's request was carefully considered.

	a.  General orders awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 8 July 1969.

	b.  Special orders awarded the applicant the Combat Infantryman Badge.

	c.  The applicant's DD Form 214, as corrected by a DD Form 215 dated 6 June 1997, already shows award of the Purple Heart and Combat Infantryman Badge.

	d.  Therefore, there is no need to correct the applicant's DD Form 214 to show these two decorations.  A copy of the DD Form 215 will be provided to him.

3.  Item 30 of the applicant's DD Form 214 shows he served in the Republic of Vietnam from 3 February 1968 (vice 1969) through 18 April 1970.  The applicant did not enter the U.S. Army until 11 September 1968.  Therefore, it would be appropriate to correct this typographical error relating to the year he began his overseas service in the Republic of Vietnam.

4.  The evidence of record shows:

	a.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam.  Thus, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

	b.  General orders awarded the applicant's unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

	c.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar and the Marksman Marksmanship Qualification Badge with Rifle (M-14) and Machine Gun (M-60) Bars.

	d.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show these authorized awards and decorations as recommended below.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with four bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-14) and Machine Gun (M-60) Bars; and

	c.  deleting from item 30 of his DD Form 214 the entry "RVN:  3 FEB 68-18 APR 70" and adding the entry "RVN:  3 FEB 69-18 APR 70."



      ____________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)                                         AR20100021568



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ABCMR Record of Proceedings (cont)                                         AR20100021568



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