IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100021662 


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 the correct date of his induction into the Army, award of the Purple Heart, and completion of advanced individual training.

2.  The applicant states the errors occurred during his separation process because he failed to carefully read his DD Form 214 for accuracy.

3.  The applicant provides a DD Form 214, a DA Form 20 (Enlisted Qualification Record), and Purple Heart orders and certificate.

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 DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 18 January 1969.  Upon completion of initial entry training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Item 31 (Foreign Service) of his DA Form 20 shows he served in the Republic of Vietnam (RVN) from 24 June 1969 to 15 April 1970.  Item 38 (Record of Assignments) shows he served with Troop A, 1st Squadron, 10th Cavalry, from 5 July 1969 to 15 April 1970 and that he was in a patient status from 16 April 1970 to 2 September 1970.  Item 38 also shows he received "excellent" conduct and efficiency ratings at most of his active duty assignments.  His conduct and efficiency rating while in a patient status is not shown.

4.  His official military personnel file (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.

5.  Headquarters, 17th Field Hospital, General Orders Number 84, dated 13 April 1970, awarded him the Purple Heart for wounds received in action on 12 April 1970.

6.  On 3 September 1970, he was honorably released from active duty in the rank of private first class/E-3 after completing 1 year, 7 months, and 6 days of active service.  Item 10c (Date of Induction) of his DD Form 214 shows he was inducted on 28 January 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  Item 25 (Education and Training Completed) of his DD Form 214 shows basic combat training but does not show advanced individual training.

8.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states 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.  The regulation in effect at the time of the applicant's separation provided that item 10c applied to individuals who were inducted (as opposed to enlisted) and that for item 25 to enter service schools, including major courses which were completed and military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  It also provided that for enlisted personnel to enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person completed during the period covered by the DD Form 214.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.  Appendix B shows the campaigns for the RVN. 
During his tour in the RVN, he participated in the following campaigns:

* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Squadron, 10th Cavalry, was cited for awards of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 24 November 1970 by Department of the Army General Orders (DAGO) Number 52, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO Number 53, dated 1970


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the correct date of his induction into the Army, award of the Purple Heart, and completion of advanced individual training has been carefully reviewed.

2.  Orders awarded him the Purple Heart for wounds received in action on 12 April 1970.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  His DD Form 47 shows he was inducted into the Army on 28 January 1969; however, item 10c of his DD Form 214 shows he was inducted on 28 January 1968.  It appears that an error was made in the preparation of his DD Form 214 in that it shows the incorrect date of his induction.  Therefore, his DD Form 214 should be corrected to show his correct induction date of 28 January 1969.

4.  He completed advanced individual training in MOS 11B.  The regulation in effect at the time provided that item 25 was to be used to record service schools Therefore, item 25 of his DD Form 214 should be corrected to show the entry "Advanced Individual Training."

5.  The evidence of record confirms he received "excellent" conduct and efficiency ratings at most of his active duty assignments and that his OMPF is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal.  His conduct and efficiency rating while in a patient status is not shown.  The regulation in effect at the time provided that ratings of "unknown" for portions of the period under consideration were not disqualifying.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 28 January 1969 through 3 September 1970 and to add this award to his DD Form 214.

6.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns while in the RVN; therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect these awards.

7.  Based on his service with the 1st Squadron, 10th Cavalry, while in the RVN, he is also entitled to correction of his DD Form 214 to show the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the first award of Army Good Conduct Medal for his period of honorable active duty service from 28 January 1969 through 3 September 1970;

	b.  correcting item 10c of his DD Form 214 to show he was inducted on 28 January 1969;

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

	d.  adding to item 24 of his DD Form 214 the Purple Heart, the Army Good Conduct Medal, the Vietnam Service Medal with two bronze service stars, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation; and

	e.  adding to item 25 of his DD Form 214 the entry "Advanced Individual Training, 11B, Light Weapons Infantryman."




      ____________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)                                         AR20100021662



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ABCMR Record of Proceedings (cont)                                         AR20100021662



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