BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150002293 


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 reflect award of the Purple Heart, Air Medal, Combat Infantryman Badge, and Army Good Conduct Medal.

2.  The applicant states he was previously awarded these medals, but they were omitted from his DD Form 214.

3.  The applicant provides:

* Headquarters, 9th Infantry Division, General Orders Number 144, dated 4 January 1969
* Headquarters, 9th Infantry Division, General Orders Number 10524, dated 6 November 1968

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 19 July 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 19 December 1967 through 16 December 1968 where he was assigned to Company B, 2d Battalion, 60th Infantry Regiment, 9th Infantry Division.  He participated in five campaigns during his service in Vietnam.

4.  His records contain the following orders:

* Headquarters, 9th Infantry Division, Special Orders Number 38, dated 7 February 1968, awarding him the Combat Infantryman Badge (1st Award)
* Headquarters, 9th Infantry Division, General Orders Number 10524, dated 6 November 1968, awarding him the Air Medal for meritorious achievement while participating in sustained aerial flight from 10 April 1968 through 8 July 1968
* Headquarters, 9th Infantry Division, General Orders Number 11113, dated 3 December 1968, awarding him the Air Medal with 1st Oak Leaf Cluster for meritorious achievement while participating in sustained aerial flight from 8 July 1968 through 1 September 1968
* Headquarters, 1st Armored Division (Old Ironsides), General Orders Number 66, dated 25 June 1969, awarding him the Army Good Conduct Medal (1st Award)

5.  He provided Headquarters, 9th Infantry Division, General Orders Number 144, dated 4 January 1969, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 2 February 1968.

6.  He was honorably released from active duty on 18 July 1969.  His DD Form 214 shows he was awarded or authorized the:

* "Vietnam Unit Citation"
* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

	b.  Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

8.  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 Company B, 2d Battalion, 60th Infantry Regiment, was awarded the:

* Valorous Unit Award for the period 1 February 1968 through 3 February 1968 by Department of the Army General Orders Number 42, dated 1969
* Presidential Unit Citation for the period 7 March 1968 through 22 June 1968 by Department of the Army General Orders Number 60, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the Army General Orders Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through  28 June 1969 by Department of the Army General Orders Number 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain orders awarding him the Purple Heart, Air Medal (2nd Award), Combat Infantryman Badge, and Army Good Conduct Medal.  His DD Form 214 should be corrected to show these awards.

2.  He was awarded the Vietnam Service Medal and he participated in five campaigns.  His DD Form 214 should be corrected to show a silver service star with his Vietnam Service Medal.

3.  General orders awarded the unit to which he was assigned in Vietnam the Valorous Unit Award, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  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 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:

* deleting award of the Vietnam Service Medal with four bronze service stars from his DD Form 214
* adding the following awards to his DD Form 214 –

* Air Medal with Numeral 2
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge



      ___________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)                                         AR20150002293



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ABCMR Record of Proceedings (cont)                                         AR20150002293



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