BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130001817 


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) as follows:

* item 17c (Date of Entry) to show 14 October 1968 vice 14 October 1950
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show the Purple Heart and Air Medal
* item 25 (Education and Training Completed) to show his education

2.  The applicant states his DD Form 214 contains administrative errors.  His Purple Heart was stolen in 1972; the orders were folded in the back of the medal inside the case it was presented in.   

3.  The applicant provides:

* DD Form 214
* Citations and certificates for two awards of the Air Medal
* Western Union Telegram
* DA Form 199 (Physical Evaluation Board Proceedings)
* DA Form 8-118 (Medical Evaluation Board Proceedings)
* Standard Form 502 (Narrative Summary)
* Standard Form 88 (Report of Medical Examination)
* Letter from the Department of Veterans Affairs


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 show he enlisted in the Regular Army for a period of 3 years on 14 October 1968.  He completed an 8-week training course and he was awarded military occupational specialty 11B (light weapons infantryman) on 4 March 1969.

3.  He attended and successfully completed the 3-week Basic Airborne Course at Fort Benning, GA, on 10 April 1969.  He was awarded the Parachutist Badge on 1 April 1968. 

4.  Item 28 (Specialized Training) of his DA Form 20 shows between 1968 and 1969, he completed the following training:

* Army Training Program (ATP) 21-114 (infantry training)
* Basic Airborne
* Code of Conduct
* Republic of Vietnam Training
* Chemical, Biological, and Radiological (CBR) training
* Geneva Convention Orientation
* Military Justice Training

5.  Item 29 (Qualifications in Arms) of his DA Form 20 shows he qualified with the following weapons systems and the degree of his qualification: 

* sharpshooter with the M-14 rifle on 19 November 1968
* sharpshooter with the M-16 rifle on 30 January 1969
* expert with the M-60 machine gun on 9 February 1969

6.  He served in Vietnam from 24 June 1969 to on or about 24 December 1970. He was assigned as follows:
* 4th Battalion (Airborne), 503rd Infantry, 173rd Infantry Brigade, from 27 June 1969 to 27 July 1970
* A Troop, 7th Squadron, 17th Cavalry, 31 July 1970 to 23 December 1970
* Wounded in action on 4 December 1970

7.  His records contain a Western Union Telegram as well as an official Army message informing his next of kin that he was slightly wounded in action on 4 December 1969 by small arms fire while a passenger on a military aircraft when the aircraft was fired upon by a hostile ground force.  He received wounds to the left arm and chest. 

8.  He was transferred to the Military Holding Company, U.S. Army Hospital, Camp Zama on 23 December 1970 and subsequently transferred to Madigan General Hospital, Fort Lewis, WA on 5 January 1971.  

9.  Headquarters, 173rd Airborne Brigade published the following General Orders (GO):

* GO Number 343, on 21 February 1970, awarding him the Army Commendation Medal for meritorious achievement
* GO Number 918, on 22 April 1970 awarding him the Bronze Star Medal for meritorious service

10.  Headquarters, 1st Aviation Brigade published the following GO:

* GO Number 34, on 2 January 1971, awarding him the Air Medal for achievement from 17 August to 18 September 1970
* GO Number 41, on 2 January 1971, awarding him the Air Medal (2nd through 5th Award) for achievement from 19 September to 2 December 1970
* GO Number 147, on 7 January 1971, awarding him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service

11.  He was honorably discharged from active duty in the rank/grade of specialist five (SP5)/E-5 on 11 June 1971 by reason of physical disability.  He competed 2 years, 7 months, and 28 days of active service with no lost time.  The DD Form 214 he was issued at the time shows in:

* Item 17c - 14 October 1950
* Item 24 - the:

* Bronze Star Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Army Commendation Medal
* Parachutist Badge
* Combat Infantryman Badge
* Aircraft Crewmember Badge
* National Defense Service Medal

* Item 26 - the entry "None"

12.  On 29 March 2013, the applicant was issued a DD Form 215 (Correction to DD Form 214) that corrected his date of entry from 14 October 1950 to 14 October 1968.  

13.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

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

* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

15.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows during his service with the 4th Battalion, 503rd Infantry from 27 June 1969 to 27 July 1970, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 5 May 1965 to 26 September 1970 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for service from 15 April 1969 to 16 March 1971 by DAGO Number 5, dated 1973

16.  DA Pamphlet 672-3 shows during his service with the 7th Squadron, 7th Cavalry, from 31 July 1970 to 6 January 1971, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 January to 31 October 1970 by DAGO Number 52, dated 1971.

17.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

18.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service - except for an unknown rating on 14 April 1969.

19.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service record contains a Western Union Telegram as well as an official Army message confirming his combat injury.  This corroborates his contention and entitles him to correction of his DD Form 214 to show the Purple Heart. 

2.  GO awarded him two awards of the Army Commendation Medal.  His DD Form 214 listed only one award.  Therefore, his DD Form 214 should be corrected to show two awards of the Army Commendation Medal. 

3.  GO awarded him five awards of the Air Medal.  His DD Form 214 listed none. Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal (5th Award). 

4.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, his is entitled to four 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.  His DA Form 20 shows he qualified sharpshooter with the M-14 and M-16 rifles and expert with the M-60 machine gun.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16) and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 

6.  GO awarded his units in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  He served honorably from 14 October 1968 to 11 June 1971.  He served in Vietnam, attained the rank/grade of SP5/E-5, and received "excellent" efficiency and conduct ratings throughout his military service, except for an unknown rating on 14 April 1969.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

8.  The applicant was issued a DD Form 215 that corrected his date of entry from 14 October 1950 to 14 October 1968.  He was provided with a copy of this DD Form 215 by separate correspondence.  

9.  The applicant completed several training courses - indicated below- during his military service.  None is listed on his DD Form 214.  He is entitled to correction of his DD Form 214 to show his training ATP 21-114, Basic Airborne, Code of Conduct, Republic of Vietnam Training, CBR Training, Geneva Convention Orientation, and Military Justice Training.

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 14 October 1968 to 11 June 1971
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal and the Army Commendation Medal and adding to item 24 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* Army Commendation Medal (2nd Award)
* Air Medal (5th Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar     (M-60)

* adding to item 25 of his DD Form 214 the:

* ATP 21-114 
* Basic Airborne
* Code of Conduct
* Republic of Vietnam Training
* CBR Training
* Geneva Convention Orientation
* Military Justice Training


      _______ _   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)                                         AR20130001817





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ABCMR Record of Proceedings (cont)                                         AR20130001817



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