IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110005557 


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

* Item 10c (Date Inducted)
* Item 22 (Statement of Service)
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized)
* Item 30 (Remarks)

2.  The applicant states his DD Form should show in:

	a.  item 10c - his date of induction was in October 1967 instead of July 1967;

	b.  item 22 - service based on the correction made to item 10c;

	c.  item 24 - his entitlement to the Combat Infantryman Badge (CIB) and a second Purple Heart (PH) award for third degree burns he sustained from a trip flare which resulted in his current zero percent disability rating; and

	d.  item 30 - completion of one and a half years of college at Cuyahoga Community College, Cleveland, Ohio, after his release from active duty.

3.  The applicant provides a copy of his DD Form 214.


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 record contains a DD Form 47 (Record of Induction) prepared during his induction processing.  It shows he completed his pre-induction processing on 19 July 1967 and item 24a (Date of Induction) contains the entry "17 Oct 67."

3.  On 17 October 1967, he was inducted into the Army of the United States (AUS) and entered active duty.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) shows the applicant served in the Republic of Vietnam (RVN) from 29 March to 23 August 1968 with Company B, 1st Battalion, 501st Infantry Regiment, until he was reassigned to a Medical Holding Company at Fort Dix, New Jersey, as a patient.  Item 38 (Record of Assignments) shows he received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments.

5  Item 40 (Wounds) of his DA Form 20 contains a single entry which shows he sustained a gunshot wound to his right leg, chest, left arm, and left wrist on 
8 August 1968.  Item 41 (Awards and Decorations) includes the following list of awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* PH
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



6.  The applicant's Military Personnel Records Jacket (MPRJ) does not contain any orders to show the applicant was recommended for or awarded a second PH.  It also does not contain any documents showing he was burned in combat as a result of enemy action or received medical treatment for any such wounding.

7.  His record does not contain any derogatory information and there is no documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

8.  Headquarters, U.S. Army Training Center (USATC), Armor, Fort Knox, Kentucky published Special Orders (SO) Number (#) 341 dated 7 December 1967.  It shows the applicant qualified "sharpshooter" with the M-14 rifle.

9.  Headquarters, U.S. Army Training Center, Fort Polk, Louisiana published the following orders announcing the applicant's qualification with the indicated weapons:

* SO# 044 dated 19 February 1968 - ("marksman" with the M-16 rifle)
* SO# 27 dated 27 February - ("second class (currently identified as marksman)" with the M-60 machine gun)

10.  On 13 June 1969, the applicant was honorably released from active duty (REFRAD).  The DD Form 214 issued at that time shows the following:

* Item 10c - 19 Jul 67
* Item 22a(1) (Net Service This Period) – 1 year, 10 months, and 25 days 
* Item 22a(3) (Total) - 1 year, 10 months, and 25 days
* Item 22b (Total Active Service) – 1 year, 10 months, and 25 days

11.  Item 24 of his DD Form 214 shows he was awarded the NDSM, Air Medal (AM), VSM, PH, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar during his tenure on active duty.

12.  Item 30 (Remarks) of the applicant's DD Form 214 includes the entry “Education:  11 Yrs."  The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.

13.  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 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It also establishes standardized policy for preparing and distributing the DD Form 214.

14.  Chapter 2 of the separation documents regulation contains item-by-item instructions for preparing the DD Form 214.  It states that the following will be entered in the items indicated:

	a.  item 10c is applicable to Soldiers who were inducted into military service only and will contain the date of induction;

   b.  item 22a(1) will show the total active service the Soldier completed between the inclusive dates of the current tour of duty:
   
   c.  item 22a(2) states to enter all prior service excluding any service shown in item 22a(1);
   
   d.  item 22a(3) states to enter the total service in items 22a(1) and 22a(2); and
   
   e.  item 24 states to enter all decorations, service medals, campaign credits, and badges awarded or authorized from the DA Form 20.

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer and that treatment must have been made a matter of the official record.

	b.  Paragraph 2-13 contains the regulatory guidance on the VSM.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in and a silver service star is used to denote five bronze service stars.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following three campaigns:

* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V

	c.  Paragraph 6-3 states an Oak Leaf Cluster (OLC) is used to denote a second and succeeding awards of decorations.

	d.  Chapter 8 contains guidance on award of combat badges.  It states the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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.  The awards regulation stipulates that combat service alone is not sufficient to support award of the CIB.

	e.  Paragraph 9-13 contains guidance on award of the RVN Campaign Medal with Device (1960).  It states that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.  Individuals who serve for less than 6 months who have been wounded by hostile forces are also entitled to receive this award.

16.  Army Regulation 672-5-1 (Awards) 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 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.

17.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (Company B, 1st Battalion, 501st Infantry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends items 10c, 22, 24, and 30 of his DD Form 214 should be corrected.  There is sufficient evidence to support granting a portion of the requested relief.

2.  The applicant's DD Form 47 confirms he was inducted into the AUS on 17 October 1967 and continuously served until he was REFRAD on 13 June 

1969, thereby completing 1 year, 7 months and 27 days.  Therefore, his claim regarding items 10c and 22 of his DD Form 214 is corroborated and should be corrected accordingly:

* Item 10c - "17 Oct 67"
* Item 22a(1) - "01 01 27"
* Item 22a(3) - "01 01 27"

3.  The evidence of record confirms the applicant held an infantry MOS, was assigned to the 501st Infantry Regiment, and received the PH for his combat related wounding while serving in the RVN.  Therefore, he meets the regulatory criteria necessary for award of the CIB, and it would be appropriate to add this award to his DD Form 214 at this time.

4.  The applicant's record also confirms that he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award the applicant the first award of the AGCM, for his qualifying period of honorable active duty service from 17 October 1967 through 13 June 1969.

5.  The evidence of record confirms that within a few months of the applicant's arrival in the RVN on 29 March 1968, he was wounded in action and subsequently reassigned to a medical holding company at Fort Dix, New Jersey on 23 August 1968.  By regulation, a Soldier who serves less than 6 months in the RVN who is wounded in action is entitled to the award of the RVN Campaign Medal with Device 1960.  Accordingly, his record should be corrected to reflect this award.

6.  The evidence of record also confirms that based on his service and campaign participation in the RVN, the applicant is entitled to three bronze service stars to be worn with his VSM.  He is also authorized the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and Marksman Marksmanship Qualification Badge with M-60 Machine Gun and M-16 Rifle Bars. As a result, it would also be appropriate to add these awards to his DD Form 214.

7.  The applicant's record confirms his receipt of one PH.  However it is void of any orders or other documents that show he was ever recommended for or awarded a second PH by proper authority while serving on active duty, and there are no medical treatment records on file which show he was ever treated for a combat-related wound or injury as a result of enemy action or sustained third degree burns from a trip flare to substantiate his claims for a second PH.

8.  Further, the applicant’s name is listed once on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  Absent any evidence of record to corroborate the applicant’s claim of entitlement to a second PH, or any evidence of record that confirms he wounded as a result of enemy action and received medical treatment for that wounding on two separate occasions, the regulatory burden of proof necessary to support award of a second PH has not been satisfied in this case.

9.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service which provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. Therefore, adding education he completed after his REFRAD is not authorized.

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 Army Good Conduct Medal (1st Award) for the period 17 October 1967 through 13 June 1969, and the Combat Infantryman Badge;

	b.  amending his DD Form 214 by deleting the current entries in the items indicated and replacing with the following:

* Item 10c - "17 Oct 67"
* Item 22a(1) - "01 01 27"
* Item 22a(3) - "01 01 27"


c.  amending item 24 of his DD Form 214 by adding the following awards:

* Army Good Conduct Medal
* 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
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with M-60 Machine Gun and M-16 Rifle Bars

   d.  issuing the applicant a document to reflect all of the above corrections.

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 awarding him a second Purple Heart and adding his post discharge civilian education to 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)                                         AR20110005557



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ABCMR Record of Proceedings (cont)                                         AR20110005557



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