IN THE CASE OF:	  

		BOARD DATE:	    16 March 2010

		DOCKET NUMBER:  AR20090016761 


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 following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Purple Heart for wounds he received on 7 December 1967
* Combat Infantryman Badge
* Air Medal
* Parachutist Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* overseas service bar
* Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars
* other medals to which he is entitled
* Vietnam Combat Certificate
* Airborne Course
* U.S. Army Reserve (USAR) entry date – 9 February 1970
* USAR discharge date – 5 December 1973
* Standby Ready Reserve service – 6 December 1972 to 1 December 1973
* Term of service in USAR – 3 years and 10 months
* USAR Honorable Discharge Certificate

2.  The applicant also requests the following corrections to his DA Form 20 (Enlisted Qualification Record):



* block 33 (Appointments and Reductions) – rank and pay grade should be restored to specialist four (SP4)/E-4
* block 38 (Record of Assignments) – information crossed out is accurate
* block 39 (Campaigns) – unnamed Vietnam campaign should be listed
* block 41 (Awards and Decorations) – incomplete and/or wrong
* block 42 (Remarks) – Overseas area:  Germany is incorrect

3.  The applicant states he served his country with honor.  He served as a senior scout observer.  He alleges that he was wounded by a punji stake while he was in the jungle.

4.  The applicant provides the following documents in support of his application:

* DD Form 214
* supplemental letter, dated 25 June 2009
* letter from the U.S. Army Human Resources Military Awards Branch, Alexandria, VA, dated 5 June 2009
* letter from the National Personnel Records Center, dated 11 May 2009
* two letters from the Department of Veterans Affairs, dated 16 January 2009 and 9 July 2009
* documents from service personnel record
* personal letters to his parents and photographs

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 was inducted into the Army of the United States on 6 December 1967.  At the completion of basic training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  His highest grade attained was SP4/E-4.

3.  Special Orders Number 36, dated 5 February 1968, show the applicant qualified as Expert with the M-14 rifle and was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  Special Orders Number 076, dated 25 March 1968, show the applicant qualified as Expert with the M-60 machine gun and was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar.

5.  The applicant's diploma from the U.S. Army Infantry School shows he completed the Airborne Course on 16 May 1968.

6.  He was assigned to Vietnam on 20 June 1968 with Company E, 4th Battalion, 503rd Infantry, 173rd Airborne Brigade, as a rifleman.  His DA Form 20 shows he also served as a senior scout observer in duty MOS 11B2P.

7.  Item 40 (Wounds) on the applicant's DA Form 20 shows he sustained a punji stake wound to his right knee on 7 December 1968.

8.  The applicant's name is listed on the Vietnam casualty roster for wounds he received in action on 7 December 1968.

9.  The applicant provided a copy of an award certificate which shows he was awarded the Purple Heart for wounds received in action on 7 December 1968.  There are no orders which show he was awarded the Purple Heart.

10.  The applicant departed Vietnam on 4 February 1969.  He received credit for participation in the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, and the Vietnam Counteroffensive Phase VI campaigns.

11.  General Orders Number 304, dated 9 February 1969, show he was awarded the Air Medal for meritorious achievement from 30 June 1968 to 25 January 1969.

12.  Special Orders Number 41, dated 10 February 1969, show the applicant was awarded the Combat Infantryman Badge.

13.  The applicant provided a Vietnam Combat Certificate which shows he faithfully served his country with Company A, 4th Battalion, 503rd Infantry, 173rd Airborne Brigade, in the Republic of Vietnam from June 1968 to June 1969.

14.  Item 41 of the applicant's DA Form 20 shows he was awarded the Parachutist Badge by Special Orders Number 117, dated 15 May 1968.

15.  The applicant signed his DA Form 20 and the date of the last audit shows 18 April 1969.

16.  The applicant was released from active duty on 5 December 1969.  On the following day, he was transferred to the USAR Control Group (Annual Training).  He continued to serve in the USAR until he was discharged on 1 December 1973.

17.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to the 4th Battalion, 503rd Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

19.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) 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.

20.  Army Regulation 600-8-22, in pertinent part, authorizes 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.

21.  Army Regulation 600-200, chapter 9, in effect at the time, prescribed instructions for preparing and maintaining the DA Form 20.  In pertinent part, it stated that this chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.

22.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

23.  Army Regulation 635-5 states, in pertinent part, that item 14 (Military Education) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month, and year completed.

24.  Army Regulation 635-5 provides that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.

25.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the authorization for wear, composition, and classification of uniforms and occasions for wear for all personal (clothing bag issue), including optional and commonly-worn organizational Army uniforms.  This regulation also prescribes the awards, insignia, and accouterments authorized for wear on the uniform and how these items will be worn.

26.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided 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 an appropriate Department of the Army message.  For Vietnam service, one overseas service bar is authorized for each period of 6 months of 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he sustained a punji stake wound to his right knee on 7 December 1968 and his name is listed on the Vietnam casualty roster.  In addition, the applicant provided an award certificate which shows he was awarded the Purple Heart for wounds received in action on 7 December 1968.  This evidence is accepted as a sufficient basis on which to correct his DD Form 214 to show award of the Purple Heart.

2.  Orders show the applicant was awarded the Air Medal, the Combat Infantryman Badge, and the Parachutist Badge.  Therefore, these awards should be added to his DD Form 214.

3.  The applicant served a period of qualifying service in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be amended by deleting the entry "Vietnam Campaign Medal" and replacing it with "Republic of Vietnam Campaign Medal with Device (1960)."

4.  Based on Army Regulation 670-1, the overseas service bar is an item to be worn on the Soldier's uniform and is not an award or decoration.  The applicant is authorized one overseas bar based on his service in Vietnam.  Since the overseas service bar is not considered an award or decoration, it is not authorized for entry on the DD Form 214.  However, he is authorized to wear this item.

5.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and this badge is properly recorded on his DD Form 214.

6.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, this marksmanship badge should be added to his DD Form 214.

7.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect three bronze service stars for wear on his Vietnam Service Medal.

8.  The applicant was assigned to the 4th Battalion, 503rd Infantry, during a period it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, this foreign unit award should be added to his DD Form 214.

9.  The applicant requests that the Vietnam Combat Certificate be added to his DD Form 214.  However, there is no regulatory guidance which authorizes this certificate to be recorded on his DD Form 214.

10.  The applicant successfully completed the Airborne Course on 16 May 1968.  Therefore, this course should be added to his DD Form 214.

11.  The applicant's requests regarding his USAR entry date, discharge date, Standby Ready Reserve service, term of service, and Honorable Discharge Certificate are acknowledged.  However, Army Regulation 635-5 stipulates that the DD Form 214 is a record of active Army service at the time of release from active duty, retirement, or discharge.  Therefore, the applicant's service in the USAR is not authorized to be recorded on his DD Form 214.

12.  The applicant's requests regarding correction of his DA Form 20 are also acknowledged.  However, the DA Form 20 was prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel.  As the applicant no longer has a military status and he reviewed the DA Form 20 prior to his release from active duty, there is no basis to recommend that those records be changed.  The DD Form 214 is the document used to record the military history of a separated individual.

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.  awarding him the Purple Heart for wounds received in action on 7 December 1968;

	b.  amending his DD Form 214 to add award of the Purple Heart, the Combat Infantryman Badge, the Air Medal, the Parachutist Badge, the Expert Marksmanship Qualification Badge with Machine Gun Bar, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	c.  deleting the Vietnam Campaign Medal and replacing it with the Republic of Vietnam Campaign Medal with Device (1960); and

	d.  deleting the Vietnam Service Medal and replacing it with the Vietnam Service Medal with three bronze service stars.

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 following:

* overseas service bar
* Vietnam Combat Certificate
* USAR entry date – 9 February 1970
* USAR discharge date – 5 December 1973
* Standby Ready Reserve service – 6 December 1972 to 1 December 1973
* USAR Term of service – 3 years and 10 months
* USAR Honorable Discharge Certificate
* Corrections to his DA Form 20



      _______ _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)                                         AR20090016761



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ABCMR Record of Proceedings (cont)                                         AR20090016761



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