IN THE CASE OF:	  

		BOARD DATE:	        23  June 2009

		DOCKET NUMBER:  AR20090003915 


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, in effect, that his records be corrected to show he had combat service; that the date of entry on his DD Form 214 (Report of Transfer or Discharge) for the period ending 24 October 1972 be corrected to show 4 August 1964; and that all of his awards be listed on his DD Form 214.  The applicant also requests electronic copies of his personnel and service medical records.

2.  The applicant states, in effect, that he was shown an electronic record that is not consistent with his actual service record.  All of his awards, as documented on the DA Forms 1577 (Authorization for Issuance of Awards), are not included on his DD Form 214.

3.  The applicant provides copies of two DD Forms 214, his DA Form 20 (Enlisted Qualification Record), two DA Forms 1577, and an American Legion Magazine article.  

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 Army records are not in an electronic format.  Therefore, any electronic files the applicant may have been shown by a Department of Veterans Affairs (VA) official would have been VA records, not Army records.  This Board does not have the authority over VA records.

3.  The applicant's service medical records are on indefinite loan to the VA.  The Army does not have backup copies to show what might be missing.  

4.  The American Legion Magazine article refers to the VA's problems with the destruction of records, not to records under the control of the Army. 

5.  Additionally, the ABCMR is not the custodian of the applicant's personnel records.  If the applicant wishes to obtain a copy of his available Official Military Personnel File (OMPF) he should submit a request to the National Personnel Records Center by completing a Standard Form (SF) 180.  The applicant can obtain a copy of SF 180 and obtain additional information by accessing the following website:  http://www.archives.gov/st-louis/military-personnel/standard-form-180.html

6.  Since the Army has no authority or jurisdiction to take action on the above issues they will not be further discussed.

7.  The applicant enlisted in the Regular Army (RA) on 3 August 1964, completed training, and was awarded military occupational specialty (MOS) 91A (Medical Corpsman).  

8.  On 24 October 1966, he was honorably discharged for the purpose of immediate reenlistment. 

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for his first period of service ending on 24 October 1966 shows his awards as the Parachutist Badge, Armed Forces Expeditionary Medal, "Medical Badge," National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).


10.  The applicant reenlisted on 25 October 1966 and served in Vietnam with Headquarters and Support Company, 15th Medical Battalion, 1st Cavalry Division, from 13 June 1967 through 5 June 1968; and with Headquarters and Headquarters Company, 1st Battalion, 327th Infantry Regiment, from 29 September 1970 through 18 February 1971.

11.  Headquarters, 101st Airborne Division, General Orders Number 8379, dated 9 August 1971, awarded the applicant the Bronze Star Medal.  A copy of these orders is contained in the applicant's OMPF.

12.  He was honorably discharged on 24 October 1972 by reason of expiration of term of service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 issued for his second period of service shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Purple Heart, three overseas service bars, Army Commendation Medal with 1 oak leaf cluster, Good Conduct Medal, and the Combat Medical Badge.

13.  His DA Form 20 shows his authorized awards as the Parachutist Badge, Armed Forces Expeditionary Medal (this award entry is lined through)," Medical Badge," Combat Medical Badge, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, Vietnam Service Medal, Purple Heart, Army Commendation Medal (2 awards), Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar for both the M-14 and the M-16 rifles.  It also shows participation during four Vietnam campaign periods.

14.  A DA Form 1577, issued on 16 July 1985, lists all of the applicant's authorized awards as the Bronze Star Medal, Army Commendation Medal with
1 oak leaf cluster, Purple Heart, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Combat Medical Badge, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16), and the Parachutist Badge.

15.  A DA Form 1577, issued 30 September 1996, lists an authorized award of the Armed Forces Expeditionary Medal. 

16.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.


17.  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 while the applicant was assigned to the 15th Medical Battalion, 1st Cavalry Division, it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and while assigned to the 1st Battalion, 327th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

18.  Department of the Army Pamphlet 672-3, paragraph 6, states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  The regulation further provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

19.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation, in effect at the time the applicant was on active duty, provided that a separate DD Form 214 was to be issued for each period of service.  Each DD Form 214 was to reflect only that information related to the Soldier's service during the period covered by that DD Form 214.  It provided that for:

	a.  Item 16c (Date of Entry), enter the date of entry on current active duty or date of enlistment or reenlistment for which a DD Form 214 was not previously issued.

	b.  Item 24, from DA Form 20, enter all decorations, service medals, campaign credits, and badges awarded or authorized.

20.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with participating in.  Appendix B, Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Counteroffensive Phase III, 1 June 1967 – 29 January 1968; Tet 

Counteroffensive, 30 January 1968 – 1 April 1968; Vietnam Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; and the Vietnam Counteroffensive Phase VII, 1 July 1970-30 June 1971 campaigns.

21.  DA Form 1577 authorizes issuance of decorations, medals, unit citations, and badges.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) governs entries made in military personnel records, and, in pertinent part, this regulation states that, for U.S. military decorations and awards, the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.  As a result, the DA Form 1577 is not sufficient as a basis for entitlement to a military award or for correction of military records to show a military award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that his DD Form 214 for the period ending 
24 October 1972 does not show his correct date of entry on active duty and does not show all of his awards.

2.  The applicant served during periods when separate DD Forms 214 were issued for each period of enlistment.  Although the applicant's tenure of service was continuous, he was appropriately issued a DD Form 214 that shows he was discharged on 24 October 1966 for the purpose of immediate reenlistment.  He then reenlisted on 25 October 1966 for a second term of service, which terminated on 24 October 1972.  As such, a second DD Form 214 was appropriately issued showing his date of entry on his current enlistment as
25 October 1966.  Therefore, there is no basis for correcting his record on this issue.

3.  During the applicant's first enlistment he was awarded the Armed Forces Expeditionary Medal (which was subsequently lined through on his DA Form 20), National Defense Service Medal, "Medical Badge," Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  These awards are properly listed on his DD Form 214 for the period ending 24 October 1966.

4.  During the applicant's second enlistment, he was awarded the Bronze Star Medal, Army Commendation Medal with 1 oak leaf cluster, Purple Heart, Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Combat Medical Badge.  However, his DD Form 214 for the period ending 24 October 1972 does not show the Bronze Star Medal.

5.  Additionally during his second enlistment, the applicant was authorized to wear the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross Unit Citation (2 awards), and four bronze service stars for wear on his already-awarded Vietnam Service Medal.  These awards were also omitted from his DD Form 214 for the period ending 24 October 1972.  Therefore, it is appropriate to correct his DD Form 214 to show these additional awards. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X___  ___X____  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.  deleting from item 24 of the applicant's DD Form 214 for the period ending 24 October 1972 the Vietnam Service Medal; and

   b.  adding to item 24 of the applicant's DD form 214 for the period ending
24 October 1972 the Bronze Star Medal, Vietnam Service Medal with 4 bronze service stars, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards).

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 correcting his date of entry on his DD Form 214 for the period ending 24 October 1972.



      ___________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)                                         AR20090003915



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ABCMR Record of Proceedings (cont)                                         AR20090003915


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