BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100026139 


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 (Report of Transfer or Discharge) to show two awards of the Purple Heart, Combat Infantryman Badge, Army Commendation Medal, and one additional bronze service star for wear on his already-awarded Vietnam Service Medal with one bronze service star.

2.  The applicant states:

* he was awarded two awards of the Purple Heart and two bronze service stars when he got out of the service
* these awards are not shown on his DD Form 214

3.  The applicant provides:

* orders for two awards of the Purple Heart and associated certificates, Combat Infantryman Badge, and the Army Commendation Medal
* a DA Form 2496-1 (Disposition Form), subject:  Issue of Awards and Decorations, undated
* 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.  The applicant was inducted into the Army of the United States on 21 January 1970.  He arrived in Vietnam on 2 September 1970.  He served as a light weapons infantryman assigned to:

* Company D, 1st Battalion, 5th Cavalry, 1st Cavalry Division from
12 September 1970 through 27 March 1971
* Company G, 2nd Battalion, 75th Rangers from 28 March 1971 through
4 April 1971
* Company C, 1st Battalion, 46th Infantry from 5 April 1971 to 28 August 1971

3.  On 28 August 1971 he departed Vietnam en route to the United States for separation processing.  On 6 October 1971, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  General Orders Number 4897, issued by Headquarters, 1st Cavalry Division, dated 6 March 1971, awarded him the Army Commendation Medal for meritorious achievement for the period 18 January 1971 through 18 March 1971.

6.  General Orders Number 5652, issued by the same headquarters, dated
26 March 1971, awarded him the Purple Heart for wounds received in action on 15 March 1971 in Vietnam.

7.  Special Orders Number 159, issued by Headquarters, 23rd Infantry Division, dated 8 June 1971, awarded him the Combat Infantryman Badge.

8.  General Orders Number 7596, issued by the same headquarters, dated 6 July 1971, awarded him the Purple Heart for wounds received in action on 4 July 1971 in Vietnam.

9.  Army Regulation 600-8-22 (Military Awards) , paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

10.  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:

* 1st Battalion, 5th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by Department of the Army General Orders (DAGO) Number 42, dated 1972
* Company G, 2nd Battalion, 75th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 April 1971 through 30 June 1971 by DAGO Number 6, dated 1974
* 1st Battalion, 46th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1971 through 9 October 1971 by DAGO Number 6, dated 1974

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant received two awards of the Purple Heart.  Therefore, his DD Form 214 should be corrected to show these awards.


2.  General orders awarded him the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this award.

3.  Special orders awarded him the Combat Infantryman Badge.  Therefore, his DD Form 214 should be corrected to show this award.

4.  He participated in two campaign phases during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His units were cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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 from item 24 of his DD Form 214 the Vietnam Service Medal with one bronze service star, and

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

* Purple Heart (2nd Award)
* Army Commendation Medal
* Combat Infantryman Badge


* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)



      ___________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)                                         AR20100026139



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ABCMR Record of Proceedings (cont)                                         AR20100026139



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