IN THE CASE OF:	  

		BOARD DATE:	  20 April 2010

		DOCKET NUMBER:  AR20090016295 


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 the following entries on his 1969
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Block 6 (Date of Rank) - 2 June 1969 vice 10 May 1969
* Block 9 (Date of Birth) - 17 February 1945 vice 2 June 1945
* Block 22c (Foreign Service) - 2 months and 25 days vice 1 month and
22 days
* Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - addition of
o Purple Heart
o Army Good Conduct Medal
o American Defense Service Medal
o Vietnam Service Medal
o Bronze Star Medal
o Republic of Vietnam Campaign Medal with Device (1960)
o Qualification as an expert with the rifle and automatic rifle
o Qualification as a sharpshooter with the rifle
o Combat Infantryman Badge
* Block 25 (Education) - Completion of Noncommissioned Officer (NCO) Academy at Fort McClellan, AL



2.  The applicant says the error occurred because he was hospitalized for several months as a result of abdominal wounds suffered in Vietnam.  He notes he served in Vietnam between 29 March 1969 and 23 June 1969.  He says he requested corrections in 1969 but no corrections were ever made.

3.  The applicant provides no additional evidence in support of his request.

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 award of the Bronze Star Medal.  However, there are no orders or other evidence on file in his official military personnel file confirming award of this personal decorations.  In the absence of authority for this award, he may request award of the Bronze Star Medal under the provisions of Title 10, U.S. Code, section 1130.  The applicant has been notified by separate correspondence of the procedures for applying for this award under Title 10, U.S. Code, section 1130.  As a result, the request for award of the Bronze Star Medal will not be discussed further in these Proceedings.

3.  The applicant enlisted in the Regular Army on 18 October 1967 for two years.  His enlistment document, and all other documents in his file, confirms his date of birth as 17 February 1945.  In February 1968, while undergoing advanced individual training at Fort Dix, NJ, he received an Article 15 for failing to go at the time prescribed to his appointed place of duty (reveille formation).  His punishment was forfeiture of $22.00 for one month.

4.  He completed training in military occupational specialty (MOS) 11B as a light weapons infantryman at Fort Dix and in March 1968 he was briefly assigned to the Drill Corporal School at Fort McClellan between 22 March and 24 April 1968.  Following training he was assigned as a drill corporal/instructor in a training brigade at Fort Campbell, KY.

5.  In May 1968 he qualified as a sharpshooter with the M-14 rifle and he was awarded the associated badge.  In October 1968 he qualified as an expert with the M-16 automatic rifle and he was awarded the associated badge.  Orders issued at Fort Campbell confirmed both badges.

6.  Orders issued on 17 January 1969 at Fort Campbell promoted the applicant to the rank/grade of sergeant (SGT)/E-5 in MOS 11B.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) confirms his date of rank to E-5 as 17 January 1969, the date the promotion orders were published.

7.  The applicant departed Fort Campbell en route to Vietnam in February 1969.  According to his travel voucher he arrived in Vietnam at 1300 hours on 29 March 1969.  He was subsequently assigned as an infantry team leader in MOS 11B with Company A, 1st Battalion, 26th Infantry.  On 23 June 1969 he sustained multiple fragment wounds to his abdomen when he stepped on an enemy mine.  As a result of his injuries he was medically evacuated from Vietnam via Japan to Fort Gordon, GA.  His service in Vietnam encompassed 2 months and 25 days between 29 March and 23 June 1969.

8.  General Order Number 174, published by the 93rd Evacuation Hospital on
24 June 1969 confirms he was awarded the Purple Heart for wounds received in action on 23 June 1969.

9.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 reflects all “excellent” conduct and efficiency ratings during his period of military service.

10.  On 4 December 1969 the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  His DD Form 214 shows he was released in the rank/grade of staff sergeant (SSG)/E-6.  In December 1970 the entry in block 5 was corrected to reflect “SGT5” via a DD Form 215 (Correction to DD Form 214).

11.  His DD Form 214 contains the following entries:

* Block 6 - 10 May 1969
* Block 9 - 2 June 1945
* Block 22c - 1 month and 22 days




* Block 24 (awards and decorations)
o National Defense Service Medal
o Vietnam Service Medal
o Vietnam Campaign Medal w/device

12.  References:

   a.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided for award of the Army Good Conduct Medal to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no court-martial convictions.

   b.  Army Regulation 600-8-22 (Military Awards) provides for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

   c.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he would have participated in two campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  He participated in the following campaigns:

* Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 – 31October 1969

   d.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms the applicant's unit received two unit awards while he was a member of the organization:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Army by DAGO 53, dated 1970

   e.  Army Regulation 600-8-22 provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  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.  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 Vietnam Campaign Medal.

   f.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of USARV 672-1 provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

   g.  Army Regulation 635-5 (Separation Documents), in effect at the time, noted item 25 would reflect service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.

   h.  Information contained on the Army’s Homepage (www.army.mil) states that in 1965 a Drill Corporal Course was established as part of the newly-created Drill Sergeant Program to use newly-graduated Soldiers to be assistant instructors to help train the large number of new Soldiers needed for the (Vietnam) war effort.  Other sites note the course was four weeks in duration.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded a Purple Heart and his date of birth is 17 February 1945.  His DD Form 214 should be corrected accordingly.

2.  Although the applicant indicates his date of rank on his DD Form 214 should be 2 June 1969 he provides no evidence to substantiate that date.  The rank recorded on his 1969 DD Form 214 has already been corrected by a DD Form 215 to show he was released from active duty as a sergeant.  The evidence in the available record indicates his date of rank for pay grade E-5 was 17 January 1969.  Block 6 of his DD Form 214 should be corrected to show 17 January 1969 vice 10 May 1969.

3.  The evidence supports the applicant’s contention that he served in Vietnam from 29 March 1969 through 23 June 1969, a period of 2 months and 25 days.  Item 22c of his DD Form 214 should be corrected accordingly.

4.  While the applicant requests completion of an NCO Academy at Fort McClellan be added to his DD Form 214, the available evidence suggests he attended a 4-week Drill Corporal Course at Fort McClellan prior to being assigned duties as a drill corporal/instructor at Fort Campbell.  The fact he was assigned such duties is sufficient evidence to conclude he successfully completed the Drill Corporal Course and it would be appropriate to enter the course information in item 25 on his DD Form 214.

5.  While his DD Form 214 already shows he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) it is improperly recorded as the Vietnam Campaign Medal w/device.  His records should be corrected accordingly.

6.  The evidence confirms the applicant qualified as an expert with the M-14 rifle and as a sharpshooter with the M-16 automatic rifle.  He was awarded the associated badges and those badges should be reflected on his DD Form 214.  However, there is no evidence he qualified as an expert with the M-16 automatic rifle.

7.  The applicant was an infantryman assigned to duties with an infantry unit in Vietnam.  The fact he was wounded as a result of hostile action is evidence he met the requirement for having served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size and as such is entitled to award of the Combat Infantryman Badge.

8.  The applicant completed a qualifying period for award of the Army Good Conduct Medal upon his release from active duty in December 1969.  Although he was punished one time under Article 15, Uniform Code of Military Justice, the infraction was minor.  He received "excellent" conduct and efficiency ratings throughout his service.  Therefore, he should be awarded the Army Good Conduct Medal for the period 18 October 1967 to 4 December 1969.

9.  Evidence confirms he is also entitled to the following:

* Two bronze service stars for wear on his Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

10.  The applicant did not serve during a period which would qualify him for the American Defense Service Medal.

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 Block 6 of his DD Form 214 the entry "10 May 1969" and replacing it with the entry "17 January 1969,"

	b.  deleting from Block 9 of his DD Form 214 the entry "2 June 1945" and replacing it with the entry "17 February 1945,"

	c.  deleting from Block 22c of his DD Form 214 the entry "0  1  22" [1 month and 22 days] and replacing it with the entry "0  2  25" [2 months and 25 days],

	d.  deleting from Block 24 of his DD Form 214 the Vietnam Service Medal and the Vietnam Campaign Medal w/device,

	e.  awarding him the Army Good Conduct Medal (first award) for the period 
18 October 1967 to 4 December 1969 and the Combat Infantryman Badge,

   f.  adding to item 24 of his DD Form 214 the following additional awards:

* Purple Heart
* Combat Infantryman Badge
* Army Good Conduct Medal (first award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)


* 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 (M-14)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and

   g.  adding to Block 25 of his DD Form 214 the entry "Drill Corporal Course,
4 weeks."

2.  The Board further determined 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:

* award of the American Defense Service Medal
* award of the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* correction of his date of rank in Block 6 to read 2 June 1969
* addition of completion of the NCO Academy to Block 25 on his DD Form 214



      __________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)                                         AR20090016295



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ABCMR Record of Proceedings (cont)                                         AR20090016295



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