BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100021671 


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 the Combat Infantryman Badge (CIB).

2.  The applicant states the CIB is not listed on his DD Form 214 due to an error in his social security number (SSN) on the orders for the award.

3.  The applicant provides copies of special orders awarding him the CIB, his
DD Form 214, and social security card.

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 enlisted in the Regular Army on 7 January 1969.  He was honorably released from active duty on 6 January 1971 after completing 2 years of active military service.

3.  His enlistment records, DD Form 214, and social security card show 
SSN xxx-xx-xxx9.

4.  His DD Form 214 shows in:

* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he received the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Vietnam Campaign Medal with Device (1960)

* item 30 (Remarks) he served in Vietnam from 15 July 1969 to 13 July 1970 

5.  General Orders Number 5499, issued by Headquarters, Americal Division, dated 3 June 1970, announced award of the Bronze Star Medal (BSM) to him for his meritorious achievement on 10 April 1970.  The orders show he was assigned to Troop H, 17th Cavalry with SSN xxx-xx-xxx9.

6.  General Orders Number 6350, issued by the same headquarters, dated 18 June 1970, awarded him the Purple Heart (PH) for injuries he received on 26 April 1970.  These orders show the same unit of assignment, but his SSN is shown as SSN xxx-xx-xxx8.

7.  General Orders Number 7932, issued by the same headquarters on 4 July 1970, announced award of the BSM (1st Oak Leaf Cluster) to him for meritorious service from July 1969 to July 1970.  The orders show the same unit of assignment, but show SSN xxx-xx-xx68.

8.  The applicant provides a copy of Special Orders Number 263, issued by the same headquarters on 20 September 1969, awarding him the CIB.  The orders show the same unit of assignment and SSN xxx-xx-xxx8.  

9.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, did not show SSNs xxx-xx-xxx8 and 
SSN xxx-xx-xx68 belonged to any other Soldiers serving in Vietnam.
10.  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.  His service in Vietnam coincides with the following campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows Troop H, 17 Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August to 31 December 1969 and 31 March to 30 June 1970, as confirmed by Department of the Army General Order 42, dated 1972.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized in item 24.

DISCUSSION AND CONCLUSIONS:

1.  The evidence supports the applicant's request for correction of his DD Form 214 to show award of the CIB.

2.  There is no doubt that the applicant is the individual named on the orders for the BSM (1st Oak Leaf Cluster), PH, and CIB.  It appears that transcription errors led to incorrect entries of his SSN on all but one of the orders for the awards he received during his service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show the BSM (1st Oak Leaf Cluster), PH, and CIB.

3.  He was awarded the VSM.  His records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of four bronze service stars for wear on the previously-awarded VSM.

4.  General orders confirm the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award is not shown in his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 "Vietnam Service Medal W/Bronze Service Star" from item 24 of his DD Form 214 and

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

* Bronze Star Medal (2nd Award)
* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      _______ _  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)                                         AR20100021671



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ABCMR Record of Proceedings (cont)                                         AR20100021671



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