IN THE CASE OF:	  

		BOARD DATE:	    24 April 2014

		DOCKET NUMBER:  AR20130012703 


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 reconsideration of the Board's denial of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) as follows:

* type of discharge
* rank/grade
* Selective Service number
* foreign and/or sea service
* education

2.  He also requests, in effect, correction of the following on his DD Form 214 for the period ending 21 September 1967, which were inadvertently not considered by the Board during the original proceedings:

* item 27 (Wounds Received as a Result of Action with Enemy Forces) - wounded in action in Vietnam on 25 December 1966
* item 28 (Service Schools or Colleges, College Training Courses and/or Post Graduate Courses Successfully Completed) - 12th grade with major field of electricity

3.  The applicant states that although his DD Form 214 was corrected to show the Purple Heart, his DD Form 214 in question does not show when he was wounded. 

4.  The applicant provides no additional documentary evidence. 
CONSIDERATION OF EVIDENCE:

1.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and it has not previously been reconsidered.  In ABCMR Docket Number AR20120016796, dated 11 April 2013, the Board denied the applicant's request for correction of the type of discharge, rank/grade, Selective Service number, foreign and/or sea service, and education shown on his DD Form 214.

	a.  Requests for reconsideration must provide new evidence or argument that was not considered at the time of the ABCMR's prior consideration.  Although his request for reconsideration was received within 1 year of the ABCMR's original decision, he did not provide new evidence and/or argument with this request; therefore, the portion of his application pertaining to type of discharge, rank/grade, Selective Service number, foreign and/or sea service, and education will not be discussed further in these Proceedings.

	b.  The issues that were not previously considered by the Board will be considered in these Proceedings.

2.  With prior service in the Army National Guard, he enlisted in the Regular Army on 8 July 1965.

3.  A Purple Heart Certificate shows he was wounded in action in the Republic of Vietnam in December 1966.

4.  Item 17 (Civilian Education) of a DA Form 20 (Enlisted Qualification Record) for his earlier service shows he graduated from high school after completing a 
4-year vocational course of study in electricity.

5.  A DA Form 20 for his later service shows in: 

* item 31 (Foreign Service) he was credited with service in Vietnam during the period 30 September 1966 through 24 September 1967
* item 38 (Record of Assignments) –

* he was assigned to Company A, 4th Battalion, 23rd Infantry, 25th Infantry Division, performing duties as a rifleman from 7 October to 9 November 1966
* he was assigned to Company C, 4th Battalion, 9th Infantry, 25th Infantry Division, performing duties as a rifleman and grenadier from 10 November 1966 to an unknown date

* item 41 (Awards and Decorations) – Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  He was honorably discharged on 21 September 1967 for the purpose of immediate reenlistment.  The DD Form 214 he was issued for this period shows he completed 2 years, 2 months, and 14 days of creditable net active service during the period covered.

	a.  This form also shows in:

* item 10a (Highest Civilian Education Level Attained) – 12th Grade 
* item 10b (Major Course or Field) – General
* item 27 – "NONE"
* item 28 – "NONE"
* item 32 (Remarks) – 11 months and 22 days of service in Vietnam

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960) 
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge

7.  He reenlisted in the Regular Army on 22 September 1967.

8.  He retired by reason of permanent physical disability on 3 February 1969.  The DD Form 214 he was issued for this period shows he awarded or authorized the AGCM. 

9.  On 1 February 1978, he was issued a DD Form 215 (Correction to DD Form 214) amending his DD Form 214 for the period ending 3 February 1969 by adding the Purple Heart and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214 in question and his DD Form 214 for the period ending 3 February 1969.
11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  In the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.  This pamphlet shows 4th Battalion, 23rd Infantry, 25th Infantry Division and 4th Battalion, 9th Infantry, 25th Infantry Division were awarded:

* RVN Gallantry Cross with Palm Unit Citation for the period April 1966 to August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 to 21 January 1970 by DAGO Number 51, dated 1971

13.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 in effect at the time contained guidance for preparation of the DD Form 214.

	a.  Item 10b is entered from the DA Form 20.

	b.  Item 27 is used for chronologically entering each wound received as a result of enemy action during the period covered by the DD Form 214 being prepared.  It states to show both date and place of action if recorded on records available at time of separation.

	c.  Item 28 is used for entering service schools, including dates and major courses which were successfully completed.  This entry also includes military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared.


DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in action in Vietnam in December 1966.  The exact date is unknown.  However, it would be appropriate to delete the entry "NONE" from item 27 and add the entry "Wounded, December 1966 Vietnam" to his earlier DD Form 214.

2.  A Purple Heart Certificate shows he was wounded in action in the Republic of Vietnam in December 1966.  The Purple Heart was added to his DD Form 214 for the period ending 3 February 1969.  However, he incurred the wound for which he was awarded the Purple Heart during the period covered by his DD Form 214 in question.  As such, it would be appropriate to add the Purple Heart to item 26 of his earlier DD Form 214.

3.  His record shows he graduated from high school after completing a vocational course of study in electricity.  There is no evidence in his records and he has not provided any to reflect education that would meet the criteria for entry in item 28.  However, it would be appropriate to amend item 10b of his earlier DD Form 214 to show "Vocational-Electricity."

4.  A DA Form 20 shows special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to have this qualification badge added to his earlier DD Form 214.

5.  His units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation on the same orders during his period of assignment.  Therefore, he is entitled to correction of both his DD Forms 214 to show one each of these unit awards.

6.  He participated in two campaigns during his service in Vietnam which entitles him to two bronze service stars for wear on his already-awarded VSM.  As such, both of his DD Forms 214 should be corrected to show these bronze service stars.

7.  As such, his records should be corrected as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number Docket Number AR20120016796, dated 11 April 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his DD Form 214 for the period ending 21 September 1967 as follows:

* deleting the entries "General" from item 10b, "VSM" from item 26, and "NONE" from item 27
* adding to item 10b - "Vocational-Electricity"
* adding to item 26 - Purple Heart, VSM with two bronze service stars, 
RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* adding to item 27 - "Wounded, December 1996, Vietnam"

	b.  amending his DD Form 214 for the period ending 3 February 1969 by adding the following awards:

* VSM with two bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit

2.  The Board further determined 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 amending item 28 to show he completed the 12th grade with a field of study in electricity.



      _____________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)                                         AR20130012703



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ABCMR Record of Proceedings (cont)                                         AR20130012703



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