IN THE CASE OF:	  

		BOARD DATE:	  11 September 2012

		DOCKET NUMBER:  AR20120005494 


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 Silver Star and his service number as "US XX XXX 7XX."

2.  The applicant states the Silver Star is not listed on his DD Form 214 and his service number was recorded incorrectly.

3.  The applicant provides 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 16 November 1966 and he was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of initial entry training.

3.  His DD Form 47 (Record of Induction) shows his service number as "US XX XXX 7XX."

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) that he served in Vietnam from 30 April to 14 November 1967
* item 38 (Record of Assignments) that he served with the 1st Battalion, 2nd Infantry, from 13 May to 25 October 1967

5.  Special orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Headquarters, 1st Infantry Division, General Orders Number 8458, dated 25 November 1967, awarded him the Silver Star for gallantry in action against a hostile force on 4 October 1967.

7.  He was honorably released from active duty on 15 November 1968 after completing 2 years of active duty service.  Item 2 (Service Number) of his DD Form 214 shows his service number as "US XX XXX 9XX."  His DD Form 214 also shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Army Good Conduct Medal
* Combat Infantryman Badge
* one overseas service bar
* Purple Heart

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each campaign a member is credited with participating in while serving in Vietnam.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam, participation credit was awarded for two campaigns:

* Vietnamese Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnamese Counteroffensive Phase III (1 June 1967-29 January 1968)

9.  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 during his assignment to the 1st Battalion, 2nd Infantry, it was cited for the following unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965-16 October 1968 in Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 in DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the Silver Star.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  Special orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His DD Form 214 should also be corrected to show this badge.

3.  His DD Form 47 shows his service number as "US XX XXX 7XX."  However, his service number is listed on his DD Form 214 as "US XX XXX 9XX."  It is evident an error was made in the preparation of his DD Form 214 in that the incorrect service number was recorded.  Therefore, it would be appropriate to correct his DD Form 214 to show his service number as "US XX XXX 7XX."

4.  He was awarded the Vietnam Service Medal; however, he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  His unit in Vietnam was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 should also 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 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.  amending item 3 of his DD Form 214 to show his service number as "US XX XXX 7XX," the service number shown on his DD Form 47,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* Silver Star
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120005494



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ABCMR Record of Proceedings (cont)                                         AR20120005494



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