IN THE CASE OF:	  

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140013473 


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 item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in Vietnam from 10 November 1970 through an unknown date in June 1971 vice 10 November 1970 through 11 January 1971.

2.  The applicant states he was wounded in Vietnam on 3 June 1971 (should read 1 June 1971) and he was awarded the Purple Heart.  It is possible he was in Vietnam until 11 June 1971.  Maybe this is just a typographical error.  He would like everything on his DD Form 214 to be correct.  He served in Vietnam for at least 7 months, not 3 months.

3.  The applicant provides copies of the following:

* Headquarters, 91st Evacuation Hospital (Semi-Mobile) General Order (GO) Number 101
* Office of the Adjutant General Letter Orders (LO) Number 4-98 (two copies)
* DD Form 214

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 3 June 1970.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  The following orders were issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, WA:

* Special Orders (SO) Number 240, dated 28 August 1970, awarding him the Expert Marksmanship Qualification Badge with Grenade Launcher Bar (M-79)
* SO Number 246, dated 3 September 1970, awarding him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* SO Number 252, dated 9 September 1970, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)

4.  A Report of Casualty, dated 2 June 1971, advised his parents that he was wounded in action in Vietnam on 1 June 1971 by fragments while serving as a driver on a military vehicle on a military mission when the area came under rocket attack by hostile fire.  He received multiple wounds to both his hands and his left leg.  He was hospitalized in Vietnam.

5.  He provided Headquarters, 91st Evacuation Hospital, GO Number 101, dated 4 June 1971, awarding him the Purple Heart for wounds received in action in Vietnam on 3 June 1971 (should read 1 June 1971).

6.  A message from the Department of the Army Adjutant General, dated 11 June 1971, advised his parents that he had been medically evacuated from Vietnam to Okinawa.

7.  U.S. Army Medical Department Activities GO Number 14, dated 15 October 1971, awarded him the Purple Heart for wounds received in action in Vietnam on 1 June 1971.

8.  His records contain and he provided Office of the Adjutant General LO Number 4-98, dated 3 April 1972, showing he was determined to be permanently unfit for duty with a 40-percent disability rating and placing him on the Retired List effective 18 April 1972.

9.  He was honorably retired in pay grade E-4 on 17 April 1972 by reason of permanent disability.  He was credited with completing 1 year, 10 months, and 15 days of active service.  His DD Form 214 lists in:

* item 22c (Foreign and/or Sea Service) – 7 months and 2 days, U.S. Army Pacific (USARPAC)
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) –

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device (1960)
* one overseas service bar
* Purple Heart

* item 30 (Remarks) – Vietnam Service:  10 November 1970 to 11 January 1971, Indochina, Yes; Korea, No

10.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) – he was credited with Vietnam service beginning on 10 November 1970 
* item 38 (Record of Assignments) –

* he was assigned to Headquarters and Headquarters Company, 1st Battalion, 61st Infantry, 1st Brigade, 5th Infantry Division, from 15 November 1970 through on or about 9 June 1971
* he was assigned as a patient to the Medical Holding Company, U.S. Army Hospital, Okinawa, from 10 June to 10 July 1971
* he received "excellent" conduct and efficiency ratings throughout his service where rated

* item 41 (Awards and Decorations) – Sharpshooter Marksmanship Qualification Badge in addition to the awards listed on his DD Form 214

11.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his active duty service.
12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-marital.

13.  Army Regulation 600-8-22 (Military Award) states the Combat Infantryman Badge is awarded to an infantryman Soldier satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat and he must actively participate in such ground combat.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 1st Battalion, 61st Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February through 30 April 1971, by Department of the Army General Orders Number 42, dated 1972.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The instructions stated:

* item 22c – list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed (i.e., USARPAC)
* item 30 – for service in Vietnam only, enter "Vietnam Service – (dates of service); Indochina, Yes; Korea, No"

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in Vietnam from 10 November 1970 through 9 June 1971.  Therefore, he is entitled to correction of item 30 of his DD Form 214 to show he served in Vietnam during these dates.

2.  A review of his records revealed the following:

	a.  Based on his award of the Purple Heart for wounds received in action in connection of with military operations against a hostile force in Vietnam on 1 June 1971, and notwithstanding the absence of orders for the Combat Infantryman Badge, the evidence shows he served in an infantry MOS in an infantry unit and was wounded as a result of hostile action.  Therefore, he should be awarded the Combat Infantryman Badge and it should be added to his DD Form 214.

	b.  He received "excellent" conduct and efficiency ratings during his active duty service with no indication of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 3 June 1970 through 17 April 1972 and it should be added to his DD Form 214.

	c.  He was awarded the Expert Marksmanship Qualification Badge with Grenade Bar, Expert Marksmanship Qualification Badge with Pistol Bar, Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar during his period of active duty service.  Therefore, his DD Form 214 should be corrected to show these badges.

	d.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 his period of service from 3 June 1970 through 17 April 1972
* awarding him the Combat Infantryman Badge effective 1 June 1971
* 
adding the following awards to his DD Form 214 –

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Grenade Bar 
* Expert Marksmanship Qualification Badge with Pistol Bar 
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar 

* deleting the entry "Vietnam Service – 10 November 1970 to 11 January 1971" from item 30 of this DD Form 214 and replacing it with the entry "Vietnam Service – 10 November 1970 to 9 June 1971"



      ____________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)                                         AR20140013473



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ABCMR Record of Proceedings (cont)                                         AR20140013473



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