IN THE CASE OF:	  

	BOARD DATE:	  17 July 2008

	DOCKET NUMBER:  AR20080002587 


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 the issuance of a Report of Transfer or Discharge (DD Form 214) that fully reflects a summation of his complete military service which includes a combination of both of his periods of service.  He also requests award of the Combat Infantryman Badge; award of the Purple Heart (Third Oak Leaf Cluster); award of the Air Medal (Third and Fourth Awards); correction of the faulty Bronze Star Medal entry made on his DD Form 215 (Correction to DD Form 214); award of all of his unit citations; correction of block number 18 (Prior Regular Enlistments) on his DD Form 214 for the period ending 29 March 1971 to show that he had a prior period of enlisted service; and correction of block number 17c (Date of Entry) on his DD Form 214 for the period ending 4 July 1968 to show his date of entry as 6 March 1967 or 10 April 1967.

2.  The applicant states that, as his official records will show, on 6 November 1969, he was critically wounded in combat while he was in Vietnam.  He states that many of his wounds are lifelong disabilities and total blindness is preeminent.  He states that as a result of his wounds, he was medically retired in the rank of captain on 29 March 1971 and that, at that time, he was a patient at the Veterans Administration Hospital in West Haven, Connecticut, in the blind rehabilitation program.  He states that sometime during his lengthy stay, a folder of his records were forwarded to him from Walter Reed where he had been recently retired.  He states that eventually, those records were put away and for the most part, remained there.  



3.  The applicant states that not long ago, he discovered that he was in possession of two different DD Forms 214, one that reflects his enlisted service and one that reflects his commissioned service.  He states that this has created conflict when claiming his full length of service and that an apparent inconsistency brought him to take the opportunity to study both forms in detail which resulted in his taking note of several additional omissions.  The applicant states that as an infantry officer, he had an infantry military occupational specialty (MOS), he was assigned to an infantry unit, and he engaged in infantry combat operations during his entire service in Vietnam.  He states that his award of the Combat Infantryman Badge was entirely appropriate and duly made, yet it was inexplicably omitted from his DD Form 214.  He states that he believes that four awards of the Purple Heart should be included on his DD Form 214 as he has four separate orders showing that he was wounded in action and awarded the Purple Heart.  

4.  The applicant states that he also has orders showing that the was awarded the third and fourth award of the Air Medal and that some attempt seems to have been made to correct his Bronze Star Medal entry on the DD Form 215 that he was furnished; however, it appears to be faulty.  He states that unit historical records and his own official records will indicate that the unit to which he was assigned was awarded several unit citations.  The applicant states that block number 18 on his second DD Form 214 shows that he had no prior regular enlistment; and that there is some confusion with his date of entry.  He states that 6 March 1967 is the date of his enlistment (delayed), but fully creditable for length of service, with 10 April 1967 being his first day in uniform.  He concludes by stating that the fact that he was totally blind at the time of his discharge seriously disadvantaged his ability to closely scrutinize these items in the required manner.  He states that he is confident that the errors of fact and omission on his DD Forms 214 can be rectified.

5.  The applicant provides in support of his application, a letter addressed to the Army Review Boards Agency, dated 19 February 2008, explaining his requests; a copy of his DD Form 214 for the period 5 July 1968 through 29 March 1971; a copy of his DD Form 214 for the period 11 April 1967 through 4 July 1968; a copy of his DD Form, 215, dated 20 April 1982; a copy of Special Orders Number 23, dated 29 August 1969, awarding him the Combat Infantryman Badge (First Award); General Orders Number 279, dated 4 October 1969, awarding him the Purple Heart; General Orders Number 48, dated 25 October 1969, awarding him the Purple Heart; General Orders Number 308, dated 7 November 1969, awarding him the Purple Heart (Second Award); General Order Number 89, dated 17 December 1969, awarding him the Purple Heart (First Oak Leaf Cluster); 

General Orders Number 444, dated 6 February 1970, awarding him the Air Medal (Third and Fourth Awards); a copy of the Citation awarding him the Air Medal (Third and Fourth Awards); and a copy of the Certificate awarding him the Air Medal (Third and Fourth Awards).  

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.  On 7 March 1967, the applicant enlisted in the United States Army Reserve (USAR), for 6 years, under the Delayed Entry Program (DEP).  On 11 April 1967, he enlisted in the Regular Army in New Haven, Connecticut, for 3 years, in the pay grade of E-1.  He successfully completed his training as a scout observer.  

3.  After completing 1 year, 2 months and 24 days of total active service, the applicant was honorably discharged on 4 July 1968 to accept a commission as a second lieutenant (O-1) in the USAR.

4.  The DD Form 214 that the applicant was furnished at the time of his discharge shows he was awarded the National Defense Service Medal, the Army Good Conduct Medal and the Expert Marksmanship Qualification Badge (Rifle M-16).  Block number 17c on his DD Form 214 for this period of service shows his date of entry as 11 April 1967.

5.  The applicant was commissioned as a second lieutenant in the USAR on 5 July 1968.  He was assigned to Company D, United States Army Infantry School, Fort Benning, Georgia, in an infantry unit commander MOS.  

6.  Special Orders Number 82 was published on 3 April 1969, awarding the applicant the Parachutist Badge with an effective date of 17 March 1969. 



7.  On 5 March 1969, Special Orders Number 55 was published awarding the applicant the Ranger Tab.  He was transferred to Vietnam on 26 April 1969 and he was assigned to Company A, 2nd Battalion, 39th Infantry Regiment, 9th Infantry Division.

8.  On 5 July 1969, the applicant was promoted to first lieutenant in the Army of the United States.

9.  General Orders Number 10935 was published on 25 July 1969 awarding the applicant the Bronze Star Medal for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from 30 June 1969 through 25 July 1969.  

10.  On 29 August 1969, Special Orders Number 23 was published awarding him the Combat Infantryman Badge.

11.  On 4 October 1969, General Orders Number 279 was published awarding the applicant the Purple for wounds received in action in connection with military operations against a hostile force on 3 October 1969.  On 25 October 1969, General Orders Number 48 was published awarding him the Purple Heart for the same 3 October 1969 incident.

12.  The orders awarding the applicant his first award of the Air Medal are not in the available records.  However, his records show that General Orders Number 3641 was published on 1 November 1969, awarding him the Air Medal (Second Award) for meritorious achievement while participating in sustained aerial flight from 1 August 1969 through 25 August 1969.

13.  General Orders Number 308 was published on 7 November 1969, awarding the applicant the Purple Heart (First Oak Leaf Cluster) for wounds received in action in connection with military operations against a hostile force on 6 November 1969.  On 17 December 1969, General Orders Number 89 was published awarding him the Purple Heart (First Oak Leaf Cluster) for the same 6 November 1969 incident.

14.  On 12 December 1969, General Orders Number 4658 was published awarding the applicant the Bronze Star Medal (Second Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force from June 1969 through November 1969.




15.  The applicant returned to the Continental United States on 14 December 1969 and, as a result of his wounds, he was hospitalized at Walter Reed Army Medical Center in Washington, DC.

16.  General Orders Number 4886 was published on 22 December 1969, awarding the applicant the Bronze Star Medal (First Oak Leaf Cluster) with "V" Device for heroism in connection with ground operations against a hostile force on 6 November 1969.

17.  On 6 February 1970, General Orders Number 444 were published awarding the applicant the Air Medal (Third and Fourth Awards) for meritorious achievement while participating in sustained aerial flights from 28 August 1969 through 30 October 1969.

18.  After completing 4 years and 23 days of total active service, the applicant was retired by reason of physical disability on 29 March 1971.  The DD Form 214 that he was furnished shows that he was awarded the Bronze Star Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal w/Device 1960, the Ranger Tab and the Parachutist Badge.  Block number 18 on his DD Form 214 shows his prior regular enlistments as "None".

19.  On 20 April 1982, the applicant was furnished a DD Form 215 to correct his DD Form 214 for the period ending 29 March 1971 to show that his Bronze Star Medal was being deleted.  The DD Form 215 also shows the Bronze Star Medal (Second Oak Leaf Cluster) w/"V" Device, the Air Medal w/Numeral 1, the Army Commendation Medal, the Purple Heart w/One Oak Leaf Cluster, the Vietnam Service Medal w/Three Bronze Service Stars, the Sharpshooter Badge w/Pistol Bar, the Expert Badge w/Machine Gun and Rifle Bar, and the Republic of Vietnam Gallantry Cross w/Palm Unit Citation were added to the DD Form 214.  However, his previously awarded Army Good Conduct Medal was not included on his final DD Form 214 or his DD Form 215.  His Combat Infantryman Badge and Air Medal w/Numeral "4" was also omitted from his final DD Form 214 and his DD Form 215.

20.  Army Regulation 635-5 prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, that a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty (REFRAD).  



21.  Army Regulation 635-5 also provides, in pertinent part, that a DD Form 214 will not be reissued unless directed by proper appellate authority, unless it is determined that required corrections will not fit within the space on a single DD Form 215 (Correction to DD Form 214), unless two DD Forms 215 have already been issued to correct a DD Form 214 and another correction is required or unless the character of service is changed.  Army Regulation 535-5 further provides that the number of prior Regular Army enlistments the individual has completed will be entered in block number 18 on the DD Form 214.  For officers block number 18 is not applicable.

22.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  

23.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.  The bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” Device in conjunction with awards of the Bronze Star Medal.  Although more than one award of the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one “V” Device may be worn on award of the Bronze Star Medal for heroism.

24.  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.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  This Army regulation also provides that an oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Purple Heart.

25.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must 



display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

26.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states 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.  

27.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations) specifically governed award of the Combat Infantryman Badge to Army forces operating in South Vietnam.  This regulation specifically stated that criteria for award of the Combat Infantryman Badge identified the man who trained, lived, and fought as an infantryman and the Combat Infantryman Badge is the unique award established to recognize the infantryman and only the infantryman for his service.  Further, “the Combat Infantryman Badge is not an award for being shot at or for undergoing the hazards of day to day combat.”  This regulation also stated the Combat Infantryman Badge was authorized for award to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS) and required that they must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

28.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, guidelines for award of the Air Medal.  It established that passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations.  It defined terms and provided guidelines for the award based upon the number and types of missions or hours.  Twenty-five Category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in Category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal.  

29.  Army Regulation 600-8-22 (Military Awards) 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.

30.  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 the unit, to which the applicant was assigned, 

was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests that he be issued a DD Form 214 that fully reflects a summation of his complete military service which includes a combination of both enlisted and commissioned service has been carefully considered but found to lack merit.  In accordance with Army Regulation 635-5, a DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or REFRAD.  A DD Form 214 will not be reissued unless directed by proper appellate authority, unless it is determined that the required corrections will not fit within the space on a single DD Form 215, unless two DD Forms 215 have already been issued to correct a DD Form 214 and another correction is required or unless the character of service is changed.

2.  The applicant’s DD Form 214 for the period ending 4 July 1968 is correct in that it shows his date of entry on active duty as 11 April 1967.  Although his records show that he enlisted in the Army under the DEP on 7 March 1967, his time in the DEP as a member of the USAR is not considered active duty service.  He enlisted in the RA on 5 July 1968 and this information is properly included on his DD Form 214 for this period of service.  His service in the DEP is reflected as other service in block number 22a.(2).

3.  On the applicant's DD Form 214 for the period ending 29 March 1971, block number 18 is not applicable and therefore, it correctly reflects that he had no prior regular enlistments.

4.  The DD Form 215 that the applicant was furnished on 20 April 1982 properly voided the annotation that was made on his DD Form 214 for the period ending 29 March 1971 that shows he was awarded the Bronze Star Medal.  The DD Form 215 amended his DD Form 214 to reflect that he was awarded the Bronze Star Medal w/Two Oak Leaf Clusters and Letter "V" Device.  Therefore, there is no basis for granting this portion of the applicant's request.

5.  Although four separate orders were prepared awarding the applicant the Purple Heart, the DD Form 215 that he was furnished properly reflects that he was awarded the Purple Heart (First Oak Leaf Cluster).  He was wounded in action in two separate incidents and, in accordance with the applicable regulation, he is entitled to only one Purple Heart for each of the incidents.  Therefore, he was properly awarded the Purple Heart (First Oak Leaf Cluster).

6.  A review of the available records fails to show that the unit to which the applicant was assigned was ever awarded the Presidential Unit Citation or the Meritorious Unit Commendation.  Therefore, these awards were properly omitted from his DD Form 214.

7.  However, based on the applicable regulations, the applicant is entitled to the Combat Infantryman Badge, the Air Medal w/Number "4", and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  His DD Form 214 should be amended to include all of these awards. 

8.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 amending his DD Form 214 for the period ending 29 July 1971 to show that he was awarded the Combat Infantryman Badge, the Air Medal w/Number "4", and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. 
      
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:

      a)  issuing him a DD Form 214 that reflects a combination of both his enlisted and commissioned service;
      
      b)  amending his DD Form 214 to show that he was awarded four awards of the Purple Heart, the Presidential Unit Citation, and the Meritorious Unit Commendation;
      
      c)  amending his DD Form 214 to change the number of Bronze Star Medals that he was furnished;
      
      d)  amending block 18 on the applicant's DD Form 214 for the period ending 29 March 1971 to show he had a prior regular enlistment; and
      
      e)  changing is date of entry on his DD Form 214 for his period of service ending 4 July 1968 to read 6 March 1967 or 10 April 1967.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___        XXX                ___
                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)                                         AR20080002587



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ABCMR Record of Proceedings (cont)                                         AR20080002587



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