DOCKET NUMBER:  AR20120004096 


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:

* Presidential Unit Citation
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal
* Air Medal
* Army Commendation Medal

2.  The applicant states his records were destroyed in Hurricane Katrina and he is trying to obtain his medals for his grandchildren.  He further states that he does not know why these medals were omitted from his DD Form 214.

3.  The applicant provides no additional documentation.

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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138-1002.  This issue will not be further addressed in this Record of Proceedings.

3.  On 27 February 1969, the applicant was inducted into the Army of the United States and ordered to Fort Polk, Louisiana for his initial training where:

	a.  he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman);

	b.  Special Orders Number 085, dated 11 April 1969 awarded him the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar; and

	c.  Special Orders Number 126, dated 28 May 1969 awarded him the Second Class Gunner (Marksman) Marksmanship Qualification Badge with Machinegun Bar.

4.  On 3 July 1969, the applicant departed Fort Polk, Louisiana, for duty in the Republic of Vietnam (RVN).

	a.  He was assigned with the 2nd Battalion, 18th Infantry Regiment from 
9 August 1969 to 4 March 1970.

	b.  Special Orders Number 278, 1st Infantry Division, dated 5 October 1969 awarded him the Combat Infantryman Badge.

	c.  General Orders Number 17636, 1st Infantry Division, dated 24 December 1969, awarded him the Army Commendation Medal for meritorious achievement during the period from 29 July to 29 November 1969.

	d.  General Orders Number 31, 24th Evacuation Hospital, dated 
11 February 1970, awarded him the Purple Heart for wounds received on 
10 February 1970.

	e.  He was assigned to the Medical Holding Company, 106th General Hospital on 16 February 1970.  He was subsequently assigned to the Medical Holding Detachment at Fort Polk.

5.  General Orders Number 2593, 1st Infantry Division, dated 21 February 1970, awarded the applicant the Air Medal for his meritorious achievement during the period from 5 August to 17 November 1969.

6.  On 15 July 1970, the applicant was assigned to Fort Lewis, Washington where he remained until his separation.

  a. Special Orders Number 250, Fort Lewis, dated 9 September 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle   (M-16) Bar.

	b.  General Orders Number 33, Fort Lewis, dated 10 February 1971, awarded him the Army Good Conduct Medal for the period from 27 February 1969 to 
26 February 1971.

7.  On 26 March 1971, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4, and had completed 2 years and 28 days of creditable active duty service.

8.  The applicant's DD Form 214 lists the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Bronze Star Medal.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.

10.  Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the RVN he participated in the following 5 campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.
11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 18th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 53, dated in 1970 for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

12.  Department of the Army General Orders 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of:

* Presidential Unit Citation
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal
* Air Medal
* Army Commendation Medal

2.  The applicant requests the Bronze Star Medal be added to his DD Form 214.  However, there are no orders or other evidence in his Official Military Personnel File that confirms award of this personal decoration.  Therefore, this is insufficient evidence to grant this request.

3.  There are no available orders or other evidence of record showing that the applicant's unit was awarded the Presidential Unit Citation.  Therefore, this portion of his request should be denied.

4.  Records show that the applicant participated in five campaign periods during his service in the RVN.  Therefore, he is eligible for award of a silver service star to be affixed to his already-awarded Vietnam Service Medal.

5.  General or special orders and/or records clearly show that the applicant was awarded the following medals and badges which should be added to his 
DD Form 214:

* Purple Heart
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-14) and Machinegun Bars

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  __x______  _x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal; and

	b.  adding the:

* Purple Heart
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-14) and Machinegun Bars


2.  The Board further determined that 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 award of the Bronze Star Medal and the Presidential 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)                                         AR20120004096





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ABCMR Record of Proceedings (cont)                                         AR20120004096



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