IN THE CASE OF: BOARD DATE: 21 October 2008 DOCKET NUMBER: AR20080012564 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 three awards of the Purple Heart, two awards of the Air Medal, the Army Commendation Medal, and the Soldier’s Medal. He also requests, in effect, correction of his DD Form 214 to show the Expert Marksmanship Qualification Badge with Rifle Bar for qualification with the M-14 Rifle and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualification with the M-16 Rifle. He also requests that his date of birth (DOB) be changed from to 25 February 1948. 2. The applicant states that he has the general orders and certificates for the medals not listed on his DD Form 214. 3. The applicant provides a copy of his DD Form 214; three general orders and award certificates for award of the Purple Heart; his general orders and award certificate for award of the Soldier’s Medal; his general orders and award certificate for award of one Air Medal; his general orders and award certificate for award of the Army Commendation Medal; and his birth certificate. 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 requests correction of his DD Form 214 to show award of the Soldier's Medal. He provided a copy of the orders and citation to show he was awarded the Soldier's Medal for heroism not involving conflict with an armed hostile force in the Republic of Vietnam. The Soldier's Medal is already shown on his DD Form 214. Therefore, this issue will not be further discussed in this Record of Proceedings. 3. The applicant was inducted into the Army of the United States on 13 April 1967. His DD Form 47 (Record of Induction) shows his DOB as . At the completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman). His highest grade attained was sergeant (SGT)/E-5. 4. The applicant completed a DD Form 398 (Statement of Personal History) on 28 March 1967 which shows his DOB as . He underwent a physical examination for induction in the Army and his Report of Medical Examination shows his DOB as . 5. His service personnel records contain a DA Form 3027 (U.S. Army Request for National Agency Check), dated 25 April 1967, which shows his DOB as . 6. Headquarters, 2nd Training Brigade, Fort Jackson, South Carolina Special Orders Number 108, dated 2 June 1967 show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 7. The applicant was assigned to Vietnam on 11 September 1967 with Company A, 2nd Battalion, 39th Infantry, 9th Infantry Division as a mortarman. 8. Headquarters, 9th Infantry Division, General Orders Number 4650, dated 13 June 1968 show the applicant was awarded the Purple Heart for wounds he received in action on 1 June 1968. 9. Headquarters, 9th Infantry Division, General Orders Number 5403, dated 4 July 1968 show the applicant was awarded the Purple Heart (First Oak Leaf Cluster) for wounds he received in action on 2 February 1968. 10. Headquarters, 9th Infantry Division, General Orders Number 6542, dated 8 August 1968 show the applicant was awarded the Purple Heart (Second Oak Leaf Cluster) for wounds he received in action on 4 August 1968. 11. Headquarters, 9th Infantry Division, General Orders Number 7989, dated 2 September 1968 show the applicant was awarded the Army Commendation Medal for meritorious service from 10 September 1967 to 2 September 1968. 12. The applicant departed Vietnam in September 1968. He was credited with participation in the Vietnam Counteroffensive Phase III Campaign, the Tet Counteroffensive Campaign, the Vietnam Counteroffensive Phase IV Campaign, and the Vietnam Counteroffensive Phase V Campaign. 13. Headquarters, 9th Infantry Division, General Orders Number 8074, dated 5 September 1968 show the applicant was awarded the Air Medal for meritorious achievement from 2 January 1968 to 9 July 1968. 14. Item 41 (Awards and Decorations) on his DA Form 20 shows he was awarded the Air Medal by Headquarters, 9th Infantry Division, General Orders Number 6468, undated. 15. Item 29 (Qualification in Arms) on his DA Form 20 (Enlisted Qualification Record) shows he qualified as Sharpshooter with the M-14 Rifle on 8 November 1968. There is no evidence of record which shows he qualified as Sharpshooter with the M-16 Rifle. 16. The applicant was released from active duty on 11 April 1969. He completed 1 year, 11 months, and 29 days of active military service with no days of lost time. His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service. 17. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, one Overseas Service Bar, the Purple Heart (First Oak Leaf Cluster), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Soldier’s Medal, and the Silver Star. 18. Item 9 (Date of Birth) on his DD Form 214 shows his DOB as . 19. The applicant provided a copy of his birth certificate which shows his DOB as . 20. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant's assignment to the 2nd Battalion, 39th Infantry, it was cited for award of the Presidential Unit Citation by Headquarters, Department of the Army General Orders Number 60, dated 1969. 21. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2nd Battalion, 39th Infantry, it was cited for award of the Valorous Unit Award by Headquarters, Department of the Army General Orders Number 42, dated 1969. 22. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2nd Battalion, 39th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 31, dated 1969. 23. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 2nd Battalion, 39th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army General Orders Number 59, dated 1969. 24. Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified. The qualification badges are in three classes: Expert, Sharpshooter, and Marksman. This regulation does not list Second Class Gunner bars. 25. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal. 26. Army Regulation 600-8-22 provides that 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. 27. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service. 28. Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar. DISCUSSION AND CONCLUSIONS: 1. The applicant’s DD Form 214 currently reflects the Purple Heart (First Oak Leaf Cluster). However, general orders show he was awarded the Purple Heart (Second Oak Leaf Cluster). Therefore, it would be appropriate to amend his DD Form 214 to reflect the Purple Heart (Second Oak Leaf Cluster). 2. General orders show the applicant was awarded two awards of the Air Medal. Therefore, his DD Form 214 should be amended to reflect the Air Medal with Numeral “2.” 3. General orders show the applicant was awarded the Army Commendation Medal. Therefore, his DD Form 214 should be amended to show this award. 4. Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar for qualification with the M-14 Rifle. Therefore, his DD Form 214 should be amended to reflect this badge in lieu of the lower-level Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 5. There are no orders which show the applicant qualified as Sharpshooter with the M-16 Rifle. Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge for qualification with the M-16 Rifle. 6. The applicant was assigned to a unit during a period it was awarded the Presidential Unit Citation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, these awards should be added to his DD Form 214. 7. It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 13 April 1967 through 11 April 1969. 8. The applicant’s DD Form 214 currently reflects the Vietnam Service Medal with two bronze service stars. However, he received credit for participation in four campaigns during the Vietnam War. Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear on his Vietnam Service Medal. 9. The applicant served a period of qualifying service in Vietnam for two Overseas Service Bars. However, his DD Form 214 reflects only one Overseas Service Bar. Therefore, it would be appropriate to amend his DD Form 214 to reflect two Overseas Service Bars. 10. The evidence of record shows the applicant’s DOB as 8. However, his DD Form 214 incorrectly reflects his DOB as 25 February 25 February 1945. Therefore, it would be appropriate to amend his DD Form 214 to reflect his DOB as 25 February 1948. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___XX_____ ____XX____ ___XX_____ 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. awarding him the Army Good Conduct Medal for the period 13 April 1967 through 11 April 1969; b. deleting the entries “Purple Heart (1OLC),” “Vietnam Service Medal w/2 Bronze Stars,” “1 o/s Bar,” and “Sharpshooter (M14)”; c. amending his DD Form 214 to add award of the Purple Heart (Second Oak Leaf Cluster), the Air Medal with Numeral “2,” the Army Commendation Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Presidential Unit Citation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Army Good Conduct Medal, two Overseas Service Bars, and four bronze service stars for wear on his already-awarded Vietnam Service Medal; and d. amending item 9 on his DD Form 214 to reflect his DOB as 25 February 1948. 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 adding the Sharpshooter Marksmanship Qualification Badge (M-16) to his DD Form 214. _______XXXX_______________ 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) AR20080012564 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080012564 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1