IN THE CASE OF:	  

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20150000398 


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 that his DD Form 214 (Armed Forces of the United States Report of transfer or Discharge) be corrected to show the awards of the Purple Heart and Combat Infantryman Badge (CIB) and that his specialty be corrected in item 23a to show "Light Weapons Infantryman 11B2O." 

2.  The applicant states, in effect, that he was awarded the Purple Heart and CIB and he was a light weapons infantryman; however, his DD Form 214 does not reflect those awards or his correct military occupational specialty (MOS).  

3.  The applicant provides copies of his award of the Purple Heart and his DA Form 20 (Enlisted Qualification Record).

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 on 13 September 1967.  He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a light weapons infantryman at Fort Jackson, South Carolina before being transferred to Vietnam on 21 March 1968.

3.  He was assigned to Company C, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division and on 11 May 1968, after serving in two campaigns, he was wounded in action (multiple fragment wounds to the face and right hand).  He was medically evacuated to Japan and then to Fort Knox, Kentucky.

4.  On 24 October 1968, the applicant was reclassified from a primary MOS (PMOS) of 11B10 to a PMOS of 11D20 (Armor Recon Specialist).  His 11B MOS was withdrawn. 

5.  On 12 September 1969, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal and Vietnam Campaign Medal.

6.  A review of his official records shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  His records do not contain orders awarding him the CIB.

7.  On 2 April 1970, the applicant was awarded the Purple Heart for wounds received on 11 May 1968 and on 19 September 2003, The Adjutant General of the Army issued a DD Form 215 (Correction to DD Form 215) adding the award of the Purple Heart to the applicant’s DD Form 214.  Accordingly, this issue will not be further discussed in these proceedings; however, a copy of the DD Form 215 will be provided to him with these Proceedings

8.  Army Regulation 600-70 (Badges), dated 15 April 1948, stated the CIB was authorized for award to an infantry officer, warrant officer, or enlisted man who satisfactorily performed duty while assigned as a member of an infantry regiment or infantry battalion during any period such unit was engaged in active ground combat.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the 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.

10.  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 applicant’s unit was cited for the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign in which a member participates and in this case is worn on the Vietnam Service Medal.

12.  Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was serving as an Infantryman in an infantry unit when he was wounded in action against the enemy on 11 May 1968 and therefore meets the requirements for award of the CIB.  Accordingly, it should be awarded and added to his DD Form 214.

2.  The applicant served in two campaigns in Vietnam and is entitled to wear two bronze service stars on his already awarded Vietnam Service Medal and to have them added to his DD Form 214.

3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 13 September 1967 through 12 September 1969.  This conclusion is based on the fact that his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  The evidence further suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award.

4.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show that unit award.

5.  The applicant served in two campaigns in Vietnam and is entitled to wear two bronze service stars on his already-awarded Vietnam Service Medal and to have it added to his DD Form 214.

6.  However, the applicant’s contention that his DD Form 214 should be corrected to show his MOS as that of an 11B2O light weapons Infantryman appears to lack merit.  The applicant was reclassified from a primary MOS (PMOS) of 11B1O to a PMOS of 11D2O (Armor Reconnaissance Specialist) which is the MOS he held on the date of his REFRAD.  Accordingly, his DD Form 214 reflects his proper PMOS and there is no basis to change it at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

* deleting from his DD Form 214 the Vietnam Service Medal 
* awarding him the CIB effective 11 May 1968 while serving in the rank of private first class (PFC)
* awarding him the AGCM (1st Award) for the period 13 September 1967 through 12 September 1969
* adding to his DD Form 214 the – 

* Vietnam Service Medal with two bronze service stars
* CIB
* AGCM (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
 
2.  The Board further determined that 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 changing the specialty number in item 23a of 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)                                         AR20150000398





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150000398



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1