IN THE CASE OF:	  

		BOARD DATE:  8 April 2014

		DOCKET NUMBER:  AR20130012796 


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 (Report of Separation from Active Duty) to show award of the Army Service Ribbon and Combat Infantryman Badge.

2.  The applicant states he earned these awards while serving in South Vietnam.

3.  The applicant provides:

* DD Form 47 (Record of Induction)
* DD Form 214
* two DD Forms 215 (Correction to the DD Form 214)
* DA Form 20 (Enlisted Qualification Record)
* DA Form 20B (Insert Sheet to DA Form 20 – Record of Court-Martial Conviction)

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 was inducted into the Army of the United States on 19 September 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's records contain orders or order number notations for the following awards:

	a.  1st Training Brigade Special Order Number 243, dated 13 November 1967, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar;

	b.  93rd Evacuation Hospital General Orders Number 144, dated 20 May 1968, awarding him the Purple Heart for wounds received on 19 May 1968; and

	c.  101st Air Cavalry Special Orders Number 222, dated 9 August 1968, awarding him the Combat Infantryman Badge.

4.  The applicant's records contain three special court-martial orders showing he pled guilty and was found guilty of divers violations of the Uniform Code of Military Justice.

5.  The applicant's DA Form 20 shows he served in Vietnam from 11 March 1968 through 19 January 1969.  During his period of service in Vietnam he was:

* assigned for duty with Companies C and D, 2d Battalion, 506th Infantry Regiment
* wounded on two occasions, 19 May 1968 and 13 July 1968
* a patient in the 93rd Medical Evacuation Hospital from 15 through 24 May 1968
* absent without leave (AWOL) from 2 August through 28 September 1968 (58 days)
* in confinement from 17 October 1968 through 15 January 1969 (92 days)

6.  The applicant was discharged under other than honorable conditions and issued an Undesirable Discharge Certificate on 21 January 1969.  His undesirable discharge was upgraded to a general discharge under honorable conditions under the provisions of the Special Discharge Review Program and he was reissued a DD Form 214 with appropriate administrative changes.  On 5 July 1977, the Army Discharge Review Board affirmed his upgrade to a general discharge and he was again issued a revised DD Form 214.

7.  His revised DD Form 214 shows he completed 1 year, 11 months, and 3 days of creditable active service with 150 days of lost time and 12 days of excess leave.  It shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

8.  The applicant's records contain two DD Forms 215 issued after the 1977 revised DD Form 214.  The first, dated 14 June 1978, shows administrative changes related to the discharge upgrade and the second, dated 25 January 2007, added his award of the Purple Heart.

9.  A review of Vietnam casualty list shows the applicant was wounded in action on two occasions, 19 May 1968 (serious – requiring hospitalization) and 13 July 1968 (not serious – not requiring hospitalization).

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an 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.  Oak leaf clusters will be awarded to be worn on the medal for subsequent awards.

	b.  Appendix B lists the designated campaigns for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's present-for- duty dates of service, he participated in the following three campaigns:

* Tet Counteroffensive (30 January 1968-1 April 1968)
* Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Counteroffensive Phase V (1 July 1968-1 November 1968)

	c.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

11.  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 that during the applicant's assignment to the 2d Battalion, 506th Infantry Regiment, this unit was cited for the following awards:

* Presidential Unit Citation in Department of the Army General Orders (DAGO) 38, dated 1971, for the period 13 June-23 September 1968
* Meritorious Unit Commendation in DAGO 22, dated 1976, for the period 14 March-3 October 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation in DAGO 43, dated 1970, for the period 19 July 1968-14 May 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in DAGO 48, dated 1971, for the period 3 October 1968-2 May 1970

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the active Army.  It established standardized policy for preparing and distributing the DD Form 214 and stated:

	a.  a DD Form 214 would be reissued when two DD Forms 215 had been issued and an additional correction was required;

	b.  when a DD Form 214 was administratively issued or reissued, enter that fact and the date of such action on the DD Form 214 in the remarks block; and

	c.  all awards and decorations for all periods of service would be listed in the priority sequence specified in Army Regulation 600-8-22.  Each entry would be verified by the Soldier's records.  Abbreviations were not permitted.

DISCUSSION AND CONCLUSIONS:

1.  The Army Service Ribbon did not exist at the time of the applicant's service and was not authorized for retroactive award for service prior to 1 August 1981.  As the applicant was discharged well before the effective date, he is not authorized this award.

2.  The applicant was wounded on two occasions; however, his records contain orders for only one Purple Heart.  It would be appropriate to award the applicant a second Purple Heart for wounds sustained on 13 July 1968 and to add the Purple Heart (2nd Award) to his DD Form 214.

3.  The applicant was assigned for duty and present for duty in Vietnam during three campaigns and is authorized to wear three bronze service stars on his Vietnam Service Medal.  

4.  The applicant's awards of the Combat Infantryman Badge and Marksman Marksmanship Qualification Badge with Rifle Bar were omitted from his DD Form 214.  It would be appropriate to add these awards to his DD Form 214.

5.  The applicant is also authorized to wear the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It would be appropriate to add these unit awards to his DD Form 214.

6.  As the applicant has already received two DD Forms 215, the governing regulation requires the issuance of a new DD Form 214 to include the additional changes recommended above.

7.  Since preparation of a new DD Form 214 is required, it would be appropriate to delete the improper award abbreviations and replace them as shown 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 is 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.  awarding the applicant the Purple Heart with 1st Oak Leaf Cluster for wounds sustained on 13 July 1968;

	b.  voiding the DD Form 214 and the two DD Forms 215 for the period ending 5 July 1977;
	c.  issuing the applicant a new DD Form 214 to show, in addition to the corrections noted on the DD Forms 215, his authorized awards as:

* Purple Heart (2nd Award)
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

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 the Army Service Ribbon.



      _______ _  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)                                         AR20130012796



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ABCMR Record of Proceedings (cont)                                         AR20130012796



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