RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070018492 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Eric N. Anderson

Chairperson

Mr. Peter B. Fisher

Member

Mr. Jeffrey C. Redmann

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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart, the Bronze Star Medal with “V” Device, the Navy Marine Corps Commendation Medal, and the Combat Action Ribbon.

2.  The applicant states that he earned the awards during his service in the Republic of Vietnam and that upon his release from the U.S. Navy (USN), his DD Form 214N (Report of Separation from Active Duty) omitted the awards.  He was later commissioned in the U.S. Army Reserve (USAR) and was ordered to active duty at West Point, New York.  However, upon his release from active duty (Army), his awards were not shown on his DD Form 214 due to an administrative oversight.

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  DD Form 214N, dated 12 September 1975. 

	b.  DD Form 214, dated 15 March 1991.

	c.  U.S. Military Academy, West Point, New York, Memorandum, dated 7 April 2006, request for the issuance of a DD Form 215 (Correction to the DD Form 214).

	d.  Headquarters, Department of the Navy, 2nd Marine Division Fleet Marine Force (FMF), Camp Lejeune, North Carolina, Correction to the DD Form 214N, dated 9 September 1975

	e.  Certificate, dated 13 April 1973, award of the Navy Marine Corps Commendation Medal.

	f.  Certificate, dated 10 June 1972, award of the Purple Heart.

	g.  Certificate, dated 10 June 1972, award of the Bronze Star Medal with “V” Device.

4.  On 11 March 2008, by fax, the applicant submitted copies of his journal/log of events that took place during his service in the Republic of Vietnam with some illegible photographs, a copy of his chronological record of medical care, dated 4 July 1984, and a copy of his clinical record, dated 10 July 1973. 
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’s records show he enlisted in the U.S. Navy (USN) for a period of 4 years on 14 September 1971.  He completed the Basic Hospital Corps School at Great Lakes, Illinois, and was rated as a Hospital Corpsman (HM).  The highest rank/grade he attained during this period of service was HM3/E-4. He was released from active duty and transferred to the U.S. Navy Reserve (USNR) on 12 September 1975.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214N he was issued shows he was awarded the National Defense Service Medal and the Meritorious Unit Commendation.  Item 26 does not show award of the Purple Heart, the Bronze Star Medal with “V” Device, the Navy Marine Corps Commendation Medal, and the Combat Action Ribbon.

4.  On 9 September 1975, Headquarters, Department of the Navy, 2nd Marine Division Fleet Marine Force (MARDIVFMF), Camp Lejeune, North Carolina, published a correction document to be filed with the DD Form 214N that stated: “[Applicant] military record was incorrectly processed while embarked on West PAC Orders dated 9 March 1972.  His Orders sent him to Danang, Vietnam, and was debarked from Vietnam on 13 April 1973.”  The correction document further corrected Item 28 of the DD Form 214N to show award of the Bronze Star Medal for Valor, the Purple Heart, the Combat Action Ribbon, the Navy Unit Commendation Ribbon, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

5.  On 16 December 1975, by letter, the Commander, U.S. Navy Regional Medical Center (NAVREGMEDCEN) 503, USN-U.S. Marine Corps (USMC) Reserve Center, Albany, New York, notified the applicant that his separation record from Camp Lejeune, North Carolina, was improper and that a DD Form 215 would be issued to correct the errors and show entitlement to award of the Bronze Star with “V” Device (two awards), the Purple Heart, the Navy Marine Corps Commendation Medal, and the Combat Action Ribbon.

6.  There is no indication in the applicant's records that a DD Form 215 was issued by the Department of the Navy to correct the applicant's DD Form 214N.  Additionally, there is no indication why the Commander, NAVREGMEDCEN, stated the applicant is entitled to two awards of the Bronze Star Medal with "V" Device.

7.  On 17 December 1982, the applicant submitted an application for appointment as a commissioned officer of the USAR Army Nurse Corps. 

8.  On 15 September 1983, by Disposition Form (DA Form 2496), an Army Nurse Counselor from Syracuse, New York, requested the U.S. Army Recruiting Command (USAREC) Regional Office, Nurse Corps, Fort Sheridan, Illinois, to update the applicant’s USAREC Form 524 (Personnel Data Sheet) to show that the applicant “has had combat experience as a Navy Corpsman from 5 May 1972 to 11 April 1973 in the Republic of Vietnam.”  The counselor further requested USAREC update the applicant's Military Personnel Record (201 File) to show award of the Bronze Star with “V” Device, the Purple Heart, the Navy Commendation Medal, the Combat Action Ribbon, the Meritorious Unit Commendation (Navy), the National Defense Service Medal, and the Republic of Vietnam Campaign Medal. 

9.  The applicant’s records further show that he was appointed as a Reserve commissioned officer in the Army Nurse Corps as a 2nd lieutenant (2LT)/O-1 on 12 October 1983.  He executed an oath of office on 5 November 1983.  

10.  On 25 January 1991, the applicant was ordered to active duty in support of Operation Desert Shield for a period of 12 months and entered active duty on 11 February 1991.  He was honorably released from active duty for demobilization on 15 March 1991, at West Point, New York.  

11.  The DD Form 214 he was issued at the time of his separation from the Army shows he was awarded the Navy Commendation Medal, the Meritorious Unit Commendation (Navy), the Navy Good Conduct Medal, the Army Reserve Components Achievement Medal, the National Defense Service Medal with bronze service star, the Vietnam Service Medal, the Army Service Ribbon, the Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
12.  The applicant was released from the USAR Control Group (Reinforcement) and transferred to the Retired Reserve on 14 August 1998. 

13.  On 7 April 2006, by memorandum, addressed to the Director, National Personnel Records Center, the Chief, Military Personnel Division, West Point, New York, requested the applicant’s DD Form 214, dated 15 March 1991, be corrected by issuing him a DD Form 215 (Correction to the DD Form 214) to show award of the Bronze Star with “V” Device, the Purple Heart, the Combat Action Ribbon, and the Army Achievement Medal.  The Chief also requested the DD Form 215 to show service in the Republic of Vietnam from 5 May 1972 to 11 April 1973.  

14.  The applicant submitted three certificates that show he was awarded the following awards:

	a.  Certificate, dated 13 April 1973, showing he was awarded the Navy Marine Corps Commendation Medal for outstanding service as a Navy Corpsman with the 1st Marine Corps Division in the Republic of Vietnam;

	b.  Certificate, dated 10 June 1972, showing he was awarded the Purple Heart for wounds received in action against hostile enemy forces in the Republic of Vietnam on 10 June 1972; and

	c.  Certificate, dated 10 June 1972, showing he was awarded the Bronze Star Medal with “V” Device for personal heroism and disregard for his own life while under attack by a larger enemy force in the vicinity of Anloc, South Vietnam.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directed that foreign service performed during the period covered by the DD Form 214 would be entered in item 12f.  In effect, this did not permit foreign service which appeared on a previous DD Form 214 to be carried forward and summarized on a later DD Form 214, except on a DD Form 214 issued at the time of retirement.  Additionally, it stated, in pertinent part, that Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) would be completed to show the decorations awarded or authorized for all periods of service.  However, awards authorized for service or actions occurring after the separation date of a particular DD Form 214 cannot be added to that DD Form 214.


16.  The Combat Action Ribbon was established on February 17, 1969, by Secretary of the Navy and announced by SECNAVNOTE 1650 of 17 February 1969.  Public Law 106-65 authorized the Secretary of the Navy to award the Combat Action Ribbon to members of the Navy or Marine Corps who participated in combat during any period after December 6, 1941.  The Combat Action Ribbon is awarded to members of the USN and USMC who have actively participated in ground or surface combat, regardless of military occupational specialty or rating. The member must have rendered satisfactory performance under enemy fire while actively participating in ground or surface engagement.  Service in combat or award of the Purple Heart do not automatically make a member eligible for the Combat Action Ribbon. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his DD Form 214 to show award of the Purple Heart, the Bronze Star Medal with “V” Device, the Navy Marine Corps Commendation Medal, and the Combat Action Ribbon.

2.  It appears that the applicant’s DD Form 214N, dated 12 September 1975 was inaccurate and omitted some of the applicant's awards and decorations as evidenced by the Department of the Navy, 2nd MARDIVFMF correction document, dated 9 September 1975 and the Commander, NAVREGMEDCEN, letter, dated 6 December 1975.  It also appears that the applicant's DD Form 214, dated 15 March 1991, unintentionally omitted some of his awards and decorations as evidenced by the Chief of Military Personnel Division's, West Point, New York, memorandum, dated 7 April 2006, attempting to correct the error.

3.  Evidence of record shows that the applicant served in the Republic of Vietnam during the period 5 May 1972 through 13 April 1973 as evidenced by the Department of the Navy correction document, dated 9 September 1975, and that during his service he was awarded the following awards, and is, therefore, entitled to correction of his records to show these awards:

	a.  The Navy Marine Corps Commendation Medal for outstanding service as a Navy Corpsman with the 1st Marine Corps Division in the Republic of Vietnam;

	b.  The Purple Heart for wounds received in action against hostile enemy forces in the Republic of Vietnam on 10 June 1972; 

	c.  The Bronze Star Medal with “V” Device for personal heroism and disregard for his own life while under attack by a larger enemy force in the vicinity of Anloc, South Vietnam; and

	d.  The Combat Action Ribbon for actively participating in ground combat in the Republic of Vietnam.

BOARD VOTE:

__ena___  __pbf___  __jcr___  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 showing the Purple Heart, the Bronze Star Medal with "V" Device, the Navy Marine Corps Commendation Medal, and the Combat Action Ribbon in Item 13 of the applicant's DD Form 214, dated 15 March 1991. 




						Eric N. Anderson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.