IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140015840 


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, in effect, correction of his:

	a.  records to show service-connected disability for:

* post-traumatic stress disorder (PTSD)
* type II diabetes mellitus with erectile dysfunction
* tinnitus
* bilateral hearing loss

	b.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the:

* "Combination Medal" (presumed to mean Army Commendation Medal (ARCOM))
* Bronze Star Medal (BSM)
* Purple Heart (PH)

2.  The applicant states:

* he would like his records to show an accurate legacy
* it is important to show and say that he stood up for the free world and stood up for those who could not fight for themselves



3.  The applicant provides:

* DD Form 214
* Department of Veterans Affairs (VA) Rating Decision extract
* letter from Headquarters, I Field Force Vietnam Artillery, dated 14 August 1968
* ARCOM Citation
* PTSD Stressor Verification
* listing of combat units
* Corps Level Commands extract
* U.S. Army Republic of Vietnam Circular Number 210-2 (Installations) extracts
* Combat After Action Report, dated 25 September 1968, extracts

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 9 September 1966.

3.  He accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, on the following occasions:

* 28 June 1967, for disobeying orders
* 29 July 1967, for dereliction of duty

4.  He served in Vietnam during the period 18 January 1968 through 24 August 1968 where he was assigned to Battery C, 7th Battalion, 15th Artillery Regiment.  His service in Vietnam coincided with four campaigns.



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

* item 38 (Record of Assignments) –

* he was never in a patient status
* he received "excellent" conduct and efficiency ratings

* item 40 (Wounds) – no injuries or wounds
* item 41 (Awards and Decorations) – no award of the BSM or PH

6.  Headquarters, I Field Force Vietnam Artillery, General Orders Number 153, dated 11 August 1968, awarded the applicant the ARCOM.

7.  On 29 August 1968, he was honorably released from active duty.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  The applicant provided an extract of his VA Rating Decision, dated 7 December 2012, that shows he was granted the following disability ratings:

* 70 percent for PTSD
* 20 percent for type II diabetes mellitus with erectile dysfunction
* 10 percent for tinnitus

9.  The applicant also provided a PTSD Stressor Verification showing the VA conceded that he had PTSD; an extract on the I Field Force and combat units in Vietnam; Appendices I and II of U.S. Army Vietnam Circular Number 210-2; and a Combat Operations After Action Report, dated 25 September 1968, covering the period 5 April through 17 August 1968.

10.  There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).

11.  His records are void of and he failed to provide evidence showing award of the BSM or PH.

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal orders for the BSM or PH pertaining to the applicant.

13.  His name is not shown on the Vietnam casualty listing.  This is a microfiche listing of Vietnam Era casualties that is used to verify entitlement to the PH.

14.  His records are void of and he failed to provide any evidence showing he was injured in combat.

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

	a.  A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each credited campaign.

	b.  The BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  The PH is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

16.  Army Regulation 672-5-1 (Awards), in effect at the time, stated AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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-martial.

17.  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 the 7th Battalion, 15th Artillery Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 in DAGO Number 54, dated 1974.

18.  Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, provides that for the separation of an individual found to be unfit by reason of physical disability, he/she must be unable to perform the duties of his/her office, grade, rank, or rating.  Members with conditions listed in this chapter are considered medically unfit for retention on active duty and are referred for disability processing.

19.  Army Regulation 635-5 (Separation Documents), in effect at the time, did not provide for entering service-connected disabilities on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the ARCOM; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant served honorably during the period 9 September 1966 through 29 August 1968.  He received "excellent" conduct and efficiency ratings throughout his period of service and his record is void of a commander's disqualification.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

3.  General orders awarded the unit to which he was assigned the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The PH requires evidence to verify:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

5.  There is no evidence in the available records that shows he was wounded as a result of hostile action in Vietnam.  Therefore, there is an insufficient evidentiary basis for granting the requested relief with regard to the PH.

6.  There are no regulatory provisions for entering service-connected disabilities on the DD Form 214; therefore, there is no basis for granting this portion of his requested relief.

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 him the AGCM (1st Award) for the period 9 September 1966 to 29 August 1968,

	b.  deleting the Vietnam Service Medal from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

   *	ARCOM
   *	AGCM (1st Award)
   *	Vietnam Service Medal with four bronze service stars
   *	Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 award of the BSM and PH and listing service-connected disabilities for PTSD, type II diabetes mellitus with erectile dysfunction, tinnitus, and bilateral hearing loss on his DD Form 214.



      ____________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)                                         AR20140015840



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ABCMR Record of Proceedings (cont)                                         AR20140015840



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