IN THE CASE OF:	   

		BOARD DATE:		6 January 2015

		DOCKET NUMBER:  AR20140009080


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 he was awarded the –

* Purple Heart
* Bronze Star Medal
* Air Medal

2.  The applicant states the awards are not listed on his DD Form 214.

3.  The applicant provides copies of orders showing he was awarded the –

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Combat Infantryman Badge
* Army Commendation Medal
* Purple Heart
* Bronze Star Medal with "V" Device
* Air Medal

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 on 9 January 1969.  He held military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in –

	a.  Item 31 (Foreign Service) he served in Vietnam from 19 May 1970 until 
13 April 1971.

	b.  Item 38 (Record of Assignments) that during his service in Vietnam he was assigned to ––

		(1)   Company C, 2nd Battalion, 22nd Infantry, 25th Infantry Division;

		(2)  Detachment 10, Headquarters and Headquarters Company, 2nd Brigade, 25th infantry Division;

		(3)  D Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division; and

		(4)  F Troop, 4th Cavalry.  

	c.  Item 40 (Wounds) Fragmentation Wound Left Leg and Lip, 13 December 1970.

	d.  Item 41 (Awards and Decorations) that he was awarded the –

* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Bronze Star Medal with "V" Device
* Aircraft Crewman Badge
* Air Medal
* Air Medal (1st Oak Leaf Cluster)
* Army Good Conduct Medal

4.  He was honorably released from active duty on 16 April 1971 as a sergeant (SGT)/E-5.  He had completed 1 year, 10 months, and 8 days of total active service.  His DD Form 214 lists his authorized awards as the –

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)

5.  The applicant provided orders showing he was awarded the –

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge
* Army Commendation Medal for the period 19 August to 19 October 1970
* Purple Heart for wounds received in action on 13 December 1970
* Bronze Star Medal with "V" Device for action on 13 December 1970
* Air Medal for the period 12 November to 13 December 1970

6.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any additional orders pertaining to the applicant. 

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following three campaigns: 

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

8.  Department of the Army Pamphlet 672-3 (unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 2nd Battalion, 22nd Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968-30 September 1970 in Department of the Army General Orders (DAGO) Number 5, dated 1973.



DISCUSSION AND CONCLUSIONS:

1.  In addition to the awards listed on his DD Form 214, his DA Form 20 shows he was also awarded the Combat Infantryman Badge, Purple Heart, Bronze Star Medal with "V" Device, Aircraft Crewman Badge, Air Medal, Air Medal (1st Oak Leaf Cluster), and the Army Good Conduct Medal.

2.  Orders show he was also awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Army Commendation Medal.

3.  He participated in three campaign periods during his service in Vietnam.  Therefore, he is authorized three  bronze service stars for wear on his 
already-awarded Vietnam Service Medal. 

4.  During his service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  His DD Form 214 should be corrected to show these 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.  deleting from his DD Form 214 the Vietnam Service Medal; and

	b.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Bronze Star Medal with "V" Device
* Air Medal (2 Awards)
* Army Commendation Medal
* Aircraft Crewman Badge
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20140009080



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