BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20120005048 


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 that his award of the Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge), he be awarded the Combat Infantryman Badge or the Combat Medical Badge, and that his general discharge (GD) be upgraded to an honorable discharge (HD).  

2.  The applicant states when he went to the Department of Veterans Affairs (VA) for medical benefits he was turned down in part because the awards were not shown on his DD Form 214.  He has served his community for over 30 years and took an active role in organizations to enhance the well-being of its citizens. 

3.  The applicant provides copies of his DD Form 214, 1 page of his DA Form 20 (Enlisted Qualification Record), pages 2 and 3 of his recommendation for separation, a Purple Heart Certificate, a DA Form 268 (Suspension of Favorable Personnel Actions), page 2 of an Article 15 Proceedings, a 1970 psychological examination, a 2003 VA Rating Decision, a volunteer service award photograph with President George Bush, two newspaper articles, and three letters of support. 

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 service medical and dental records are believed to be on permanent loan to the VA and are not available for review.

3.  The applicant enlisted in the Regular Army on 1 July 1968, completed training, and was initially awarded the military occupational specialty 91A (Medical Corpsman) with conversion to 91B (Medical Specialist) on 29 January 1969.

4.  During training the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Badge with Rifle Bar (M-16).

5.  He served in Vietnam with Company D, 1st Battalion, 5th Infantry Regiment, 25th Infantry Division as a medic from 20 December 1968 through 12 December 1969.  

6.  During his period of service in Vietnam he was awarded the Bronze Star Medal and the Army Commendation Medal.  He was advanced to specialist four (E-4) on 12 January 1969.

7.  Between his assignment in Vietnam and his subsequent stateside duty assignment, the applicant was absent without leave (AWOL) from 16 January 1970 through 23 March 1970 (68 days).  He received nonjudicial punishment for this period of AWOL and was reduced to pay grade E-1.

8.  The applicant was afforded a psychiatric evaluation on 1 April 1970 that diagnosed him as having an immature personality which would have a marked negative impact on his future military duty.

9.  Elimination action for unsuitability was initiated on 12 May 1970 under Army Regulation 635-212.  The applicant's unit commander noted that the applicant had combat service in Vietnam and was awarded the Bronze Star Medal, Army Commendation Medal, and the Purple Heart.  He recommended the applicant receive a GD.

10.  The applicant waived his rights to counsel, to have his case heard by a board of officers, and a personal appearance before a board of officers.  
11.  The discharge authority approved the discharge recommendation and directed the applicant be discharged with a GD.  

12.  A Purple Heart award certificate, dated 21 May 1970, states the applicant was wounded in action on 10 January 1969.  

13.  The applicant was discharged on 6 June 1970 with a GD.  His DD Form 214 shows:

	a.  completion of 1 year and 9 months of creditable active duty service with 68 days of lost time;

	b.  the reason and authority separation listed is Army Regulation 635-212 with a separation program number (SPN) 264 (character and behavior disorder); and

	c.  his awards as the National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

14.  The applicant submits a copy of a photo showing his receipt of a service award from President George Bush.  

15.  The letters provided by the applicant are related to the articles he wrote and commend him on his thoughts and actions.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 1st Battalion, 5th Infantry Regiment, 25th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

17.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any awards.

18.  Army Regulation 635-212, then in effect, set forth the policy and procedures for administrative separation of enlisted personnel for unfitness and unsuitability. An individual was subject to separation for unsuitability when they were diagnosed with a character and behavior disorder.  When separation for unsuitability was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record.
19.  Army Regulation 635-200, which superseded Army Regulation 635-212, was revised on 1 December 1976, following settlement of a civil suit.  Thereafter, the type of discharge and the character of service were to be determined solely by the individual's military record during the current enlistment.  Further, any separation for unsuitability based on personality disorder must include a diagnosis of a personality disorder made by a physician trained in psychiatry.  In connection with these changes, a Department of the Army Memorandum dated 14 January 1977, and better known as the Brotzman Memorandum, was promulgated.  It required retroactive application of revised policies, attitudes and changes in reviewing applications for upgrade of discharges based on personality disorders.  A second memorandum, dated 8 February 1978, and better known as the Nelson Memorandum, expanded the review policy and specified that the presence of a personality disorder diagnosis would justify upgrade of a discharge to fully honorable except in cases where there are "clear and demonstrable reasons" why a fully honorable discharge should not be given. Conviction by general court-martial or by more than one special court-martial was determined to be "clear and demonstrable reasons" which would justify a less than fully honorable discharge.

20.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Combat Infantryman Badge is awarded to Soldiers who have an infantry military occupational specialty; 

	b.  the Combat Medical Badge is awarded to medical department personnel (colonels and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy; and 

	c.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following four campaign periods: the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; and the Vietnam Winter–Spring 1970, 1 November 1969 - 30 April 1970.


DISCUSSION AND CONCLUSIONS:

1.  While the actual orders awarding the applicant the Purple Heart are not of record, the applicant provided a copy of his award certificate showing he was wounded in action on 10 January 1969.  This certificate is shown to have been presented 16 months after he was wounded and at the time of his discharge.

2.  Combining the award certificate, the late date the certificate was issued, and the notation in his elimination processing documents, that he received this award, it is reasonable to accept that the applicant was wounded in action on 10 January 1969 and awarded the Purple Heart.  It is appropriate to correct his DD Form 214 to show this award.

3.  The applicant was not an infantryman; therefore, he does not qualify for the Combat Infantryman Badge.  However, based on the fact that the applicant served in Vietnam as a medical corpsman with an infantry unit and was awarded the Purple Heart for wounds sustained in action it appears he meets all of the qualifications for award of the Combat Medical Badge.  It is appropriate to correct the record by awarding the applicant the Combat Medical Badge and adding it to his DD Form 214.

4.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.  It is appropriate to correct his DD Form 214 to show this fact.

5.  The applicant qualified for and was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar with both the M-14 and M-16 rifles.  This award is not shown on his DD Form 214 and it is appropriate to correct this oversight.

6.  In addition to the awards listed on the DD Form 214 and those noted above, the applicant is also authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

8.  Subsequently, historically significant administrative decisions imposed specific criteria to be applied in this type of case.  His not having been convicted by court-martial indicates the applicant meets those criteria; therefore, his discharge should be upgraded to an honorable discharge under the extraordinary provisions of the Brotzman/Nelson memoranda.

9.  In view of the above, the applicant’s discharge should be upgraded to honorable and a new DD Form 214 should be issued with the inclusion of the additional awards noted above.

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.  awarding the applicant the Combat Medical Badge;

	b.  upgrading his character of service to honorable;

	c.  showing that, in addition to the awards listed on his DD Form 214, the applicant is also authorized the Purple Heart, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Medical Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16); and

	d. issuing the applicant a new DD Form 214 incorporating the above noted corrections.



      _______ _ 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)                                         AR20120005048





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ABCMR Record of Proceedings (cont)                                         AR20120005048



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