IN THE CASE OF:	  

		BOARD DATE:	    27 August 2013

		DOCKET NUMBER:  AR20130001451 


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:

The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Combat Infantryman Badge (CIB)
* Purple Heart (PH)
* Bronze Star Medal (BSM) with "V" Device

2.  Counsel states the applicant's military record is in error.  Specifically, his
DD Form 214 does not contain three personal awards to which he is entitled.

3.  Counsel provides:

* Applicant's self-authored notarized statement, dated 28 December 2012
* General Orders Number 14635, issued by Headquarters, 25th Infantry Division, dated 24 November 1969
* General Orders Number 794, issued by the same headquarters, dated
24 January 1970
* Two photographs



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 28 January 1969.

3.  He arrived in Vietnam on 5 August 1969 and subsequently assigned to Company C, 1st Battalion, 5th Infantry Regiment.  On 29 January 1970, he was reassigned to the Medical Holding Company, Letterman General Hospital, San Francisco, CA in a patient status.

4.  On 29 January 1971, he was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 11 months, and 29 days on total active service. The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Special Orders Number 252, issued by Headquarters, 25th Infantry Division, dated 9 September 1969, awarded him the CIB.

6.  General Orders Number 14635, dated 24 November 1969, awarded him the PH for wounds received in connection with military operations against a hostile force in Vietnam on 20 November 1969.

7.  General Orders Number 794, dated 24 January 1970, awarded him the BSM with "V" Device for heroism in Vietnam on 27 December 1969.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It states 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 Summer - Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

	b.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who served less than 6 months and were wounded by hostile forces are entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

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 the 1st Battalion, 5th Infantry Regiment, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 by Department of the Army General Orders (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 by DAGO Number 51, dated 1971, as amended by DAGO Number 9, dated 1979

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the CIB, PH, and BSM with "V" Device.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He served during a period of qualifying service for entitlement to the Vietnam Service Medal.  He also participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show this award.

3.  He was wounded in action by hostile forces on 20 November 1969 as verified by his award of the Purple Heart.  On 29 January 1970 he was reassigned to Letterman General Hospital in a patient status.  As such, he served during a qualifying period of service for entitlement to the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was cited for award 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.  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 adding to his DD Form 214 the:

* Bronze Service Medal with "V" Device
* Purple Heart
* Vietnam Service Medal with two bronze service stars
* 
Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960) 
* 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)                                         AR20130001451



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ABCMR Record of Proceedings (cont)                                         AR20130001451



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