IN THE CASE OF:	  

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110012621 


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, in effect:

   a.  award of the Purple Heart, Combat Infantryman Badge (CIB), and Republic of Vietnam Gallantry Cross with Palm Unit Citation;
   
   b.  that his unit of assignments in Vietnam be reflected on his DD Form 214; and
   
   c.  his DA Form 2545 (Cryptographic Access Authorization, Briefing Certificates) be corrected to show he held a higher security clearance than "Confidential."
 
2.  The applicant states, in effect, that he was wounded in the left big toe in Vietnam during the Tet Offensive of 1968 while assigned to an artillery unit.  He goes on to state that in 1971 he was assigned to the 1st Battalion, 7th Infantry Regiment and although he was a field radio mechanic, he should have been awarded the CIB because he had to fight like everyone else.  Additionally, this unit should be reflected on his DD Form 214.  He goes on to state that he disagrees with the DA Form 2545 contained in his records which shows he held a "Confidential" security clearance. 

3.  The applicant provides copies of a DA Form 2545, his DA Form 137 (Installation Clearance Record), DA Form 2962 (Security Termination and 

Debriefing Certificate), and two pages of morning reports showing he was attached to the 8th Target Acquisition Battery, 25th Artillery Regiment.

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 records, though not complete, show he was inducted into the Army of the United States in Shreveport, Louisiana on 27 July 1967.  He completed his training in military occupational specialty (MOS) 31B as a field radio mechanic and was transferred to Vietnam where he served 1 year before being transferred to Fort Carson, Colorado.

3.  On 25 July 1969, he was honorably released from active duty (REFRAD) due to the expiration of his term of service.  He had served 1 year, 11 months, and
29 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, and Vietnam Service Medal with two bronze service stars.  His last duty assignment is shown as Headquarters and Headquarters Company, 2d Battalion, 133d Infantry, Fifth U.S. Army.

4.  On 29 January 1970, he enlisted in the Regular Army for a period of 3 years.  He was transferred to Korea on 9 October 1970 and on 5 November 1970 he was honorably discharged for the purpose of immediate reenlistment.  His 
DD Form 214 issued at the time shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, and Armed Forces Expeditionary Medal (AFEM).  His last duty assignment is shown as Headquarters and Company A, 702d Maintenance, 2d Infantry Division.

5.  On 6 November 1970, he reenlisted for a period of 3 years and assignment to Vietnam.  He was transferred to Vietnam on 6 January 1971 for assignment to the 23d Artillery Group.  He was promoted to pay grade E-5 on 13 March 1971.

6.  On 22 May 1971, he was honorably discharged for the purpose of immediate reenlistment.  His last duty assignment is shown as Headquarters and Headquarters Battery, 23d Artillery Group, U.S. Army Vietnam.

7.  On 23 May 1971, he reenlisted for a period of 6 years and assignment to the 3d Brigade, 1st Cavalry Division.  He was transferred to the 1st Battalion, 
7th Cavalry Regiment, 3d Brigade, 1st Cavalry Division on 24 July 1971.

8.  On 17 December 1971, he departed Vietnam and was transferred to Fort Hood, Texas.  On 4 April 1972, he went absent without leave (AWOL) and remained absent in a desertion status until he was returned to military control on 30 May 1972.

9.  On 14 July 1972, he was discharged under honorable conditions under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial.  He had served a total of 4 years, 3 months, and 11 days of active service and his DD Form 214 issued at the time shows he was awarded one additional bronze service star for wear on his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  His last duty assignment is shown as the 401st Military Police Company, Fort Hood, TX, Fifth U.S. Army.

10.  A review of the applicant's official records failed to show that he was wounded as a result of enemy action in Vietnam.  Additionally, his name is not contained on the Vietnam Casualty Listing.  A search of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the applicant the Purple Heart or any additional awards.

11.  The applicant’s official records also failed to reveal that the applicant held the MOS of an infantryman.  However, his records do show he served in ten campaigns during his two tours in Vietnam.

12.  The DA Form 2545 provided by the applicant shows the applicant was only authorized access to “Confidential” information during his assignment to the 23d Artillery Group on 24 April 1971.  His records show he had a “Secret” security clearance based on an entrance National Agency Check on 8 September 1967.


13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

14.  Army Regulation 600-8-22 provides, in pertinent part, that 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.  

15.  Army Regulation 600-8-22 states a bronze service star is authorized based on qualifying service for each campaign listed in appendix B.  The regulation states that bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the VSM.  A silver service star is worn in lieu of five bronze service stars.  

16.  Army Regulation 635-5 serves as the authority for the preparation of the   DD Form 214.  The regulation in effect at the time provides, in pertinent part, that all decorations and awards earned by the individual concerned will be entered on the DD Form 214.  Prior to 1967, only those awards earned during the period covered by the DD Form 214 were entered.

17.  Army Regulation 635-5 also provided for entry of the duty assignment at the time of separation to be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was wounded in Vietnam is not in doubt, the evidence submitted with his application and the evidence of record fails to show he was wounded as a result of enemy action and that treatment for such wounds was made a matter of record.  In the absence of such evidence, there appears to be no basis to award him the Purple Heart at this time. 

2.  The applicant’s contention that he should be awarded the CIB has also been noted and appears to lack merit.  The evidence of record fails to show that he held an infantryman MOS at anytime during his service.  Accordingly, it does not appear that he is entitled to award of the CIB.


3.  The applicant’s contention that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation has been noted and that award is reflected on this DD Form 214 ending 14 July 1972.  Accordingly, no further action is required.

4.  The DD Form 214 is meant to be a snapshot of a member at the time the form was prepared, and only the unit of assignment at the time of separation is entered on it.  His DD Form 214 for the period ending 22 May 1971 was prepared while he was serving in Vietnam, and it shows his Vietnam unit of assignment.  The DD Form 214 is not meant to be a complete record of a member’s military history.

5.  The applicant’s contention that the DA Form 2545, dated 24 April 1971, contained in his records incorrectly reflects he had only a “Confidential” security clearance has been noted and found to lack merit.  The form in question reflects the access he was granted while assigned to the unit at the time based on his need to know.  Accordingly, there appears to be no basis to change this form.

6.  However, the applicable regulation governing the preparation of the DD Form 214 provides that all decorations and awards would be entered on the DD Form 214 at the time of separation.  Accordingly, the applicant is entitled to have all of his decorations and awards added to his DD Form 214, dated 14 July 1972, at this time.

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 amending his DD Form 214 ending 14 July 1972 by:

* Deleting the entry “1 Bronze Service Star to Vietnam Service Medal”
* Adding the Vietnam Service Medal with 2 silver service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and AFEM

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 the Purple Heart and the CIB, changing his DA Form 2545, dated 24 April 1971, or adding any additional units to his DD Forms 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)                                         AR20110012621



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ABCMR Record of Proceedings (cont)                                         AR20110012621



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