IN THE CASE OF:	  

		BOARD DATE:	  9 September 2010

		DOCKET NUMBER:  AR20100009900 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart, Air Medal, and any other awards he may be entitled to.  He also requests correction of his DD Form 214 to show he separated in pay grade E-4.

2.  The applicant states he received the awards and "would like them accounted for."

3.  The applicant provides the following documents:

* DD Form 214
* General Orders Number 34, dated 25 April 1969, awarding him the Purple Heart for wounds received in action on 24 April 1969
* General Orders Number 136, dated 16 May 1969, awarding him the Combat Infantryman Badge
* General Orders Number 524, dated 18 January 1969, awarding him the Army Commendation Medal
* DA Form 8-275-3 (Clinical Record Cover Sheet), dated 25 April 1969
* Air Medal citation and certificate 
* three military pay vouchers

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel did not provide any additional evidence or argument in support of this application.

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 military records are not available for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and those provided by the applicant to conduct a fair and impartial review of this case.

3.  His DD Form 214 shows he was inducted into the Army of the United States on 7 December 1967.  He completed initial entry training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  Headquarters, 85th Evacuation Hospital (SMBL), General Orders Number 34, dated 25 April 1969, awarded him the Purple Heart for wounds received in action on 24 April 1969 while in the Republic of Vietnam.  These orders show his rank/grade as specialist four (SP4)/E-4.

5.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS).  This is a web based index containing general orders issued during the Vietnam Era between 1965 and 1973.  General Orders Number 6197, issued by Headquarters, 101st Airborne Division, dated 3 June 1969, was located in the ADCARS file.  These orders awarded the applicant the Air Medal for meritorious 
achievement while participating in aerial flight in the Republic of Vietnam on
30 January 1969.  These orders also show his rank/grade as SP4/E-4.
6.  On 10 July 1969, he was released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 7 months, and 4 days of creditable active service.

7.  His DD Form 214 issued at the time of his REFRAD shows the following:

* item 5a (Grade, Rate or Rank) the entry "PFC (P)" [permanent]
* item 5b (Pay Grade) shows the entry "E-3"
* item 6 (Date of Rank) shows 15 June 1968
* item 11c (Reason and Authority [for separation] shows he was REFRAD by reason of Army Regulation 635-200, chapter 5, as an overseas returnee on 10 July 1969
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal 
* Bronze Star Medal
* Combat Infantryman Badge
* 2 Overseas Service Bars

8.  In support of this application, the applicant provided orders awarding him the Purple Heart, Combat Infantryman Badge and the Army Commendation Medal; a Clinical Record Cover Sheet; and an Air Medal citation and certificate.  These documents show his rank/grade as SP4/E-4.

9.  He also provided three military pay vouchers, including his final pay voucher (pay period 1-10 July 1969) prior to his REFRAD and transferred to the USAR.  His final pay voucher shows he received his final pay at the U.S. Army Personnel Center Transfer Station at Fort Lewis, WA in pay grade E-4.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the active Army.  It contains instructions for preparing the DD Form 214.  The regulation in effect at the time 

provided that in item 5a enter grade in which serving at time of separation indicating whether permanent (P) or temporary (T); in item 5b enter pay grade, i.e. E-4; and in item 6 enter date of rank.

11.  Army Regulation 600-8-22, paragraph 2-13, 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 lists the creditable Vietnam Campaigns.  Although records are not available to show his exact dates of service in Vietnam, it is known that he at least served from 18 January 1969 when he was awarded the ARCOM until on or about 9 July 1969 since his DD Form 214 shows he was REFRAD as an overseas returnee and his final pay voucher shows he received his final pay at Fort Lewis, WA on 10 July 1969.  At a minimum he participated in the following three campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

12.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by adding the Purple Heart, Air Medal, any other awards he may be entitled to and by showing his rank/grade as SP4/E-4 has been carefully reviewed.

2.  General orders awarded him the Purple Heart and the Air Medal.  Therefore, his DD Form 214 should be corrected to show these two awards.

3.  All units that served in the Republic of Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Evidence of record shows the applicant served in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The available records also confirm he served in Vietnam for at least three campaign phases.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  The applicant's available records show his rank/grade as SP4/E-4.  Further, his final military pay voucher prior to his release from active duty shows his basic pay grade as E-4.  Therefore, it appears an error was made when preparing his 
DD Form 214 by showing he was REFRAD in the rank/grade of PFC/E-3.  Therefore, his DD Form 214 should be corrected to show he was REFRAD in the rank/grade of SP4/E-4.

6.  Unfortunately, the available records do not provide his date of rank for E-4.  Therefore, item 6 of his DD Form 214 should show the entry "unknown" at this time.

BOARD VOTE:

____X____  ____X____  ____X____  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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  deleting from item 5a of his DD Form 214 the entry "PFC (P)" and replacing it with the entry "SP4";

	c.  deleting from item 5b of his DD Form 214 the entry "E-3" and replacing it with the entry "E-4";

	d.  deleting from item 6 of his DD Form 214 the entry "15 Jun 68" and replacing it with the entry "Unknown"; and

	e.  adding to item 24 of his DD Form 214 the Purple Heart, Air Medal, Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      __________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)                                         AR20100009900



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ABCMR Record of Proceedings (cont)                                         AR20100009900



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