IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20120001863 


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 for wounds received in the Republic of Vietnam (RVN) on 26 September 1967.  He further requests to change item 23a (Specialty Number and Title) of his DD Form 214 to read 11B2P (airborne infantry) vice 76Y2O (supply specialist).

2.  The applicant states he was wounded in the right foot by his own men while pinned down during a fire fight.  He believes a doctor at Camp Drake, Japan made an erroneous judgment and indicated he had a self-inflicted wound.  He further states he was never trained as a supply specialist and performed his entire 3 years of service in the airborne infantry.

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 2 February 1966 for a period of 3 years.  He completed basic combat training, advanced individual training, and airborne school.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman) with "P" identifier (parachutist).  The highest rank/grade he attained during this period of service was specialist four (SP4)/E-4.  He served in the RVN from 25 June 1967 through 11 April 1968 while assigned to Company A, 2nd Battalion, 327th Infantry Regiment.

3.  The applicant's record contains a DA Form 2496 (Disposition Form) from the Commanding General, 82nd Airborne Division, dated 2 December 1968, that terminated his airborne status effective 2 December 1968 based on permanent physical disqualification.  This form also withdrew his "P" special skill identifier from his MOS.  It was further noted the applicant would be retained in his unit pending further assignment instructions.

4.  Item 22 (Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows a line item entry indicating he held the primary MOS 76Y (Unit/Organization Supply Specialist), effective 2 December 1968.

5.  He was honorably released from active duty (REFRAD) on 31 January 1969 at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  His DD Form 214 shows in:

	a.  item 23a the entry "76Y2O  Supply Specialist."

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge

6.  General Orders Number 101, issued by Headquarters, 2nd Surgical Hospital (Mobile Army), dated 27 September 1967, awarded him the Purple Heart for wounds received in action on 26 September 1967.

7.  General Orders Number 1345, issued by Headquarters, 101st Airborne Division, dated 11 June 1968, awarded him the Purple Heart for wounds received in action on 21 March 1968.

8.  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 2nd Battalion, 327th Infantry Regiment, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states 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. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

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

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

11.  Army Regulation 600-8-22 states the RVN 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.  Qualifying service included assignment in Vietnam for 6 months or more.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Item 23a of the DD Form 214 reflects the primary MOS code and title at separation.


DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart for wounds received in action on two separate occasions.  Therefore, his DD Form 214 should be corrected to show the Purple Heart (2nd Award).

2.  The applicant's unit in the RVN was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD form 214 should be corrected to show this unit award.

3.  All units in Vietnam were awarded the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  Records show the applicant participated in three campaign phases during his service in the RVN.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show these bronze service stars.

5.  He also served a qualifying period of service for the RVN Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

6.  With regard to changing the applicant's MOS in item 23a of his DD Form 214 from 76Y2O to 11B2P, there is no basis for granting this portion of his request.  Records show the applicant completed training and he was awarded MOS 11B2P.  However, evidence shows on 2 December 1968, his airborne status was terminated based on permanent physical disability and his "P" identifier was also withdrawn.  His record further shows he was awarded PMOS 76Y effective
2 December 1968.  This MOS is shown in item 23a of his DD Form 214 and appears to be correct at the time of his separation.  Therefore, there is an insufficient evidentiary basis for granting this portion of the applicant's request.

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.  deleting from item 24 of his DD Form 214 the Purple Heart and the Vietnam Service Medal; and

	b.  adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Vietnam Service Medal with 3 bronze service stars
* 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

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 changing the applicant's MOS in item 23a of his DD Form 214 from 76Y2O to 11B2P.



      ___________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)                                         AR20120001863



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ABCMR Record of Proceedings (cont)                                         AR20120001863



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