IN THE CASE OF:	  

		BOARD DATE:	  4 May 2011

		DOCKET NUMBER:  AR20100025781 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all of his awards.

2.  The applicant states his awards of the Purple Heart, Bronze Star Medal (2nd Award), Army Commendation Medal with "V" Device, and Air Medal were omitted from his DD Form 214.

3.  The applicant provides copies of award certificates and/or citations for the Purple Heart, Bronze Star Medal (2nd Award), Army Commendation Medal with "V" Device, and Air Medal and his DD Form 214.

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  The applicant's DD Form 214 provides the following:

	a.  service on active duty from 20 February 1968 through 19 February 1970;

	b.  service in Vietnam from 19 July 1968 through 18 July 1969;

	c.  advancement to specialist four/E-4; and

	d.  award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun Bars.

4.  1st Infantry Division General Orders Number 6121, dated 28 June 1969, awarded the applicant the Army Commendation Medal with "V" Device for his action on 12 May 1969.

5.  The Purple Heart Certificate shows the applicant was wounded on 22 June 1969 and awarded the Purple Heart on 30 June 1969.

6.  A review of the Vietnam casualty listing shows the applicant's name in line 191,550.  It shows he was wounded on 22 June 1969 and a description of "hostile wounded in action, not serious, not hospitalized."

7.  The Air Medal Citation shows the applicant was presented the Air Medal for meritorious achievement while participating in aerial flight during the period 21 July 1968 to 26 November 1968.

8.  The Bronze Star Medal Certificate shows the applicant was awarded the Bronze Star Medal with 1st Oak Leaf Cluster for meritorious achievement in ground operations against hostile forces during the period July 1968 to July 1969.

9.  The Bronze Star Medal Citation shows the applicant was awarded the Bronze Star Medal for meritorious service in Vietnam during the period July 1968 to July 1969.

10.  All of his award citations and certificates show assignment to Company E, 1st Battalion, 28th Infantry Regiment, 1st Infantry Division.

11.  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, revealed orders for only the Army Commendation Medal with "V" Device.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that while the applicant was assigned to the 1st Battalion, 28th Infantry Regiment, it was cited for award the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  All personal decorations are required to be made as formal recommendations, forwarded for approval through the chain of command, and announced in orders.

	b.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he participated during the following four campaign periods:  the Counteroffensive Phase V (1 July 1968-1 November 1968), Counteroffensive Phase VI (2 November 1968-22 February 1969), Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969), and Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states his awards of the Purple Heart, Bronze Star Medal (2nd Award), Army Commendation Medal with "V" Device, and Air Medal were omitted from his DD Form 214.

2.  The available evidence shows the applicant was awarded the Purple Heart and the Army Commendation Medal with "V" Device.  These awards were omitted from his DD Form 214.  It is appropriate to correct his DD Form 214 to include these awards.

3.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.  It is appropriate to correct the record to reflect this fact.

4.  The applicant is also shown to be authorized the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It is appropriate to correct the record to include this unit citation.

5.  Regrettably, neither the available Bronze Star Medal Certificate and Citation nor the Air Medal Citation contain the orders authority for these awards.  With the loss of the applicant's official records and without orders to verify these awards were properly issued, there is insufficient evidence to support correction of his DD Form 214 to show these awards.

6.  Based on the above facts and findings, it is appropriate to correct the record only so far as to include on his DD Form 214 the Purple Heart, Army Commendation Medal with "V" Device, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his previously-awarded Vietnam Service Medal.

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 showing that in addition to the awards listed on the DD Form 214 the applicant is authorized the Purple Heart, Army Commendation Medal with "V" Device, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his Vietnam Service Medal.

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 awards of the Bronze Star Medal and Air Medal.


      ____________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)                                         AR20100025781



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ABCMR Record of Proceedings (cont)                                         AR20100025781



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