RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 June 2007
	DOCKET NUMBER:  AR20060015505 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Chester A. Damian

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his records to show two awards of the Purple Heart and removal of the term "Conscientious Objection" from his discharge document.

2.  The applicant states, in effect, that he received two awards of the Purple Heart for wounds received in action on 24 June 1967 and 21 February 1968 while serving in Vietnam.  He also states, in effect, that he believes the entry on his discharge document indicating "conscientious objection" was a clerical error.

3.  The applicant provides copies of 3 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), with effective dates of 9 October 1966, 14 August 1968, and 20 September 1973; Headquarters, 3rd Brigade,
4th Infantry Division (Vietnam), General Orders Number 90, dated 9 July 1967; Headquarters, 25th Infantry Division (Vietnam), General Orders Number 964, dated 3 March 1968; DA Form 20 (Enlisted Qualification Record); and DA Form 2-1 (Personnel Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 20 September 1973, the date of his discharge from the Army.  The application submitted in this case is dated 25 October 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military service records show that he was inducted into the U.S. Army on 3 October 1966 and subsequently enlisted in the Regular Army (RA) for a period of 3 years on 10 October 1966.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 31M (Radio Relay and Carrier Attendant).


4.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 9 May 1967 through 5 May 1968.  Item 39 (Campaigns) of this document shows that he participated in the following campaigns:  Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and TET Counteroffensive.

5.  The applicant's military service records show that he was assigned to Headquarters and Headquarters Company, 3rd Brigade, 4th Infantry Division in Vietnam from 25 May 1967 to 9 August 1967.  He was subsequently assigned to Company B, 125th Signal Battalion, 25th Infantry Division and attached to Headquarters and Headquarters Company, 3rd Brigade (Vietnam) from
10 August 1967 through 4 May 1968.

6.  The applicant's DA Form 20, Item 40 (Wounds), shows that he received a fragment wound to his left hip on 24 June 1967 and a wound to his left eye on
23 February 1968.  Item 41 (Awards and Decorations) shows, in pertinent part, that he was awarded the Purple Heart (1st Oak Leaf Cluster), Army Commendation Medal (1st Oak Leaf Cluster), Good Conduct Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with "1960" Device, and Vietnam Service Medal.

7.  The applicant's name is listed twice on The Adjutant General, Casualty Division's Vietnam Casualty Roster, showing he was wounded in action on
24 June 1967 and 21 February 1968.

8.  The applicant's military service records contain a copy of Headquarters,
3rd Brigade, 4th Infantry Division (Vietnam), General Orders Number 90, dated
9 July 1967, which show he was awarded the Purple Heart for wounds received in action on 24 June 1967.

9.  The applicant's military service records contain a copy of Headquarters,
25th Infantry Division (Vietnam), General Orders Number 964, dated 3 March  1968, which show he was awarded the Purple Heart (1st Oak Leaf Cluster) for wounds received in action on 21 February 1968.

10.  The applicant's DD Form 214, with an effective date of 14 August 1968 shows he was honorably discharged for immediate reenlistment in the RA.  At the time he had completed a total of 1 year, 10 months, and 12 days active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that he was awarded the Purple Heart, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, and 1 Overseas Service Bar.
11.  The applicant's military service records show that he reenlisted in the RA for a period 6 years on 15 August 1968.

12.  The applicant's military service records contain, in pertinent part, copies of a DD Form 1589 (Department of Defense Summary Sheet for Review of Conscientious Objector Application), dated 17 August 1973; DA Form 2496 (Disposition Form) (5 pages), dated 27 June 1973, subject:  Application for Conscientious Objectorship; and a Statement signed by the applicant.  This documentation shows, in pertinent part, the applicant requested discharge from the military service as a conscientious objector.

13.  The applicant's military service records contain a copy of Headquarters, U.S. Army Military Personnel Center, Alexandria, Virginia, message, date-time-group 051325Z September 1973, subject: Application for Separation as Conscientious Objector.  This document shows that the applicant's application for discharge as a conscientious objector was approved under the provisions of Army Regulation 635-20 (Enlisted Personnel - Conscientious Objection).

14.  The applicant's military service records contain a copy of Headquarters,
III Corps and Fort Hood, Fort Hood, Texas, Special Orders Number 192, dated 19 September 1973, which show that the applicant was honorably discharged by reason of conscientious objector, effective 20 September 1973.

15.  The applicant's DD Form 214, with an effective date of 20 September 1973, shows in Item 11c (Reason and Authority) that the applicant was honorably discharged under the provisions of Army Regulation 635-20, Enlisted Personnel: Conscientious Objection.  At the time he completed a total of 6 years, 11 months, and 5 days active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows that he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) and Good Conduct Medal.

16.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Forms 214.

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 4 campaigns:  Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, TET Counteroffensive, and Vietnam Counteroffensive Phase IV.

18.  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 Headquarters and Headquarters Company, 3rd Brigade, 4th Infantry Division (Vietnam), the unit was cited for award of the Valorous Unit Award by Headquarters, Department of the Army, General Orders Number 43 (1972).
This document also shows that, at the time of the applicant's assignment to Company B, 125th Signal Battalion (Vietnam), the unit was cited for award of the Meritorious Unit Citation by Headquarters, Department of the Army, General Orders Number 36 (1970).

19.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 125th Signal Battalion, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971).  This document also shows that, at the time of the applicant's assignment to Headquarters and Headquarters Company, 3rd Brigade, 4th Infantry Division, the unit 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 53 (1970).

20.  The applicant's military service records contain a copy of Headquarters,
11th Air Defense Signal Battalion (Germany), Special Orders Number 107, dated 2 June 1971, which show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

21.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  There is no statute of limitations governing requests for award of the Purple Heart.

22.  Army Regulation 600-8-22 also states, in pertinent part, that the oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Purple Heart.

23.  Army Regulation 600-8-22, as amended, provides that the National Defense Service Medal is awarded for honorable active service for any period between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
24.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

25.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.

26.  Army Regulation 600-8-22 provides, in pertinent part, for 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.

27.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

28.  Army Regulation 600-8-22 provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations.  
29.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or attached by competent orders to and present for duty with the unit during the entire period or for at least 30 consecutive days of the period cited.

30.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

31.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese government as a unit award for meritorious service.

32.  Army Regulation 600-8-22, 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.

33.  Army Regulation 670-1, 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.

34.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  Paragraph 31 (Item 11c - Reason and Authority) states, in pertinent part, "the authority for transfer or discharge will be entered in this item by reference to the appropriate regulation, circular, bulletin, special separation directive, statute, etc., followed by the SPN and descriptive reason for transfer or discharge."  Paragraph 53 (Item 24 - Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states, in pertinent part, to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show 2 awards of the Purple Heart.  He also contends, in effect, that the term "Conscientious Objection" should be removed from his discharge document.

2.  The evidence of record shows that the applicant was wounded in action twice while serving in Vietnam.  The evidence of record also shows that General Orders awarded the applicant the Purple Heart for wounds received in action on 24 June 1967 and the Purple Heart (1st Oak Leaf Cluster) (i.e., second award) for wounds received in action on 21 February 1968.  Therefore, the applicant is entitled to correction of his records to show 2 awards of the Purple Heart.

3.  The evidence of record shows that the applicant met the requirements for award of the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214, with an effective date of 20 September 1973, to show this service medal.

4.  Army regulation authorized the applicant award of the Republic of Vietnam Campaign Medal with "1960" Device.  Therefore, he is entitled to correction of his records to show award of this medal.

5.  Records show that the applicant served in 4 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 4 bronze service stars to be affixed to his Vietnam Service Medal.

6.  General Orders awarded the applicant's unit the Valorous Unit Award.  Therefore, it would be appropriate to correct his records to show this unit award.

7.  General Orders awarded the applicant's unit the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show this unit award.

8.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

9.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

10.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge.

11.  Records show that the applicant served a total of 12 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of 2 Overseas Service Bars.

12.  The evidence of record shows that the applicant voluntarily submitted an application for conscientious objector status and requested discharge from the military service based upon his conscientious objector status.  The evidence of record also shows that his application was approved and the applicant was discharged from the Army on 20 September 1973.

13.  The evidence of record shows that Item 11c of the applicant's DD Form 214, with an effective date of 20 September 1973, accurately reflects the reason and authority for his discharge.  The evidence of record does not support the applicant's claim that the entry in Item 11c of his DD Form 214 was based upon clerical error.  Therefore, the applicant is not entitled to correction of Item 11c of his DD Form 214, with an effective date of 20 September 1973.

14.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 September 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
19 September 1976.  Although the request was not submitted within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact that there is no statute of limitations on requests for award of the Purple Heart.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___LDS_  ___JRS  _  ___CAD _  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 and to excuse failure to timely file.  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, with an effective date of 14 August 1968, the Purple Heart, Vietnam Service Medal, and 1 Overseas Service Bar;

	b.  adding to his DD Form 214, with an effective date of 14 August 1968, the Purple Heart (1st Oak Leaf Cluster), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Campaign Medal with "1960" Device, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and 2 Overseas Service Bars.

	c.  adding to his DD Form 214, with an effective date of 20 September 1973, the Purple Heart (1st Oak Leaf Cluster), National Defense Service Medal, Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Campaign Medal with "1960" Device, Vietnam Service Medal with
4 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.


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 the reason and authority for the applicant's discharge on 20 September 1973.




   ___Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20060015505
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/06/05
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19730920
DISCHARGE AUTHORITY
AR 635-20
DISCHARGE REASON
Conscientious Objection
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015.0000
2.
110.0200.0000
3.

4.

5.

6.