IN THE CASE OF:	    

		BOARD DATE:	  20 October 2015

		DOCKET NUMBER:  AR20150003704 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show in:

* Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) the entries specialist four (SP4) and E-4
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Purple Heart and Combat Infantryman Badge 

2.  The applicant states he was wounded in action in Vietnam and he was ultimately retired by reason of disability.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* AGPZ Form 977 (Data for Retired Pay)
* Department of Veterans Affairs (VA) rating decision 

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 13 April 1967.  He completed basic combat and advanced individual training and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  Special Orders (SO) Number 120, issued by Headquarters, 3rd Training Brigade, Fort Jackson, SC on 25 July 1967, awarded him the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm).

4.  He served in Vietnam from 13 September 1967 to 5 December 1967.  He was assigned to Company D, 1st Battalion, 14th Infantry, 4th Infantry Division.

5.  SO Number 264, issued by Headquarters, 4th Infantry Division on 21 September 1967, promoted him to private first class (PFC)/E-3 effective 21 September 1967. 

6.  Item 40 (Wounds) of his DA Form 20 shows he was wounded in action on 20 November 1967 when he sustained a gunshot wound to his right foot.  Additionally, item 38 (Record of Assignments) of this form shows he was treated in country but later evacuated to Valley Forge General Hospital, PA, for further treatment. 

7.  General Orders (GO) Number 440, issued by Headquarters, 4th Infantry Division, on 18 January 1968, awarded him the Purple Heart for wounds received in action on 17 November 1967.

8.  On 26 April 1968, Headquarters, U.S. Walson Army Hospital, published SO Number 83, reassigning him to the Medical Holding Company, Fort Dix, NJ, in the rank of PFC for continued hospitalization. 

9.  On 7 June 1968, at Valley Forge General Hospital, a physical evaluation board (PEB) found him unfit due to asthma and amputation of the great right toe. The PEB recommended his placement on the temporary disability retired list (TDRL).

10.  On 3 September 1968, Headquarters, Department of the Army (HQDA), published SO Number 172 releasing him from active duty effective 18 September 1968 and placing him on the TDRL in the rank of PFC effective 19 September 1968.

11.  Also on 3 September 1968, U.S. Walson Army Hospital, published SO Number 172, appointing/promoting him to the temporary grade of SP4 effective 3 September 1968.

12.  His records contain and he provides AGPZ Form 977, showing he was placed on the TDRL in the grade of PFC effective 19 September 1968. 

13.  Item 33 (Appointments and Reductions) of his DA Form 20 contains his grades.  It shows he was advanced to PFC/E-3 (Permanent) on 21 September 1967.  It also shows he was advanced to SP4/E-4 on 3 September 1968 by authority of SO Number 172, issued by U.S. Walson Army Hospital.  However, a line is drawn through this promotion entry. 

14.  He retired on 18 September 1968 and he was placed on the TDRL on 19 September 1968.  He received "excellent" conduct and efficiency ratings.  His DD Form 214 shows he completed 1 year, 5 months, and 15 days of total active service.  It also shows in: 

* Items 5a and 5b - PFC(P) and E-3 respectively
* Item 6 (Date of Rank) - 21 September 1967
* Item 24 - the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
* Item 30 (Remarks) - continuation of item 5a, PFC/E-3 (Permanent), date of appointment and date of rank 21 September 1967 

15.  His records do not contain SO awarding him the Combat Infantryman Badge. Additionally, item 41 (Awards and Decorations) of his DA Form 20 does not list the Combat Infantryman Badge.  He also provides his VA rating decision, dated 24 April 2009.  It shows on page 4 "the veteran received both, the Combat Infantryman Badge and the Purple Heart." 

16.  Army Regulation 600-8-22 (Military Awards) provides that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, appendix V of U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provides that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.

17.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It authorizes a bronze service star with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968).

18.  There is no derogatory information in his file that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Additionally, Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency rating throughout his service, except for an unknown rating during his hospitalization.

19.  Army Regulation 672-5-1 (Decorations and 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; 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.

20.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his service with the 1st Battalion, 14th Infantry from 13 September to 5 December 1967, coincided with periods for which the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

21.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders; and item 6 shows the date of rank.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart for wounds received in action on 17 (or 20) November 1967.  This award is not shown on his DD Form 214. 

2.  The applicant held an infantry MOS and he served with an infantry unit in Vietnam.  He was wounded in action when he suffered a gunshot wound to his right foot on 17 (or 20) November 1967.  This is considered sufficient evidence to show he was present and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  He meets the criteria for the Combat Infantryman Badge.

3.  He served in Vietnam during periods for which his unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Neither unit award is shown on his DD Form 214. 

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in one campaign while serving in Vietnam.  He meets the criteria for award of a bronze service star to be affixed to his already-awarded Vietnam Service Medal.

5.  He served honorably from 13 April 1967 through 18 September 1968.  He served in Vietnam, was wounded in action, and he was awarded the Purple Heart.  He served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary actions or a commander's disqualification.  He meets the criteria for award of the Army Good Conduct Medal (1st Award).

6.  SO awarded him the Expert Marksmanship Qualification Badge with Mortar Bar (81 mm) which is not shown on his DD Form 214.

7.  With respect to his retired rank/grade: 

	a.  After he was wounded, the applicant was reassigned from Vietnam in the rank/grade of PFC/E-3, having been advanced to this rank/grade, in Vietnam, on 21 September 1967.  He was then assigned or attached to the Medical Holding Company at Walson Army Hospital on Fort Dix in February 1968.

	b.  He was processed through the disability process in the rank of PFC and his PEB was adjudicated in that rank.  When HQDA approved his disability retirement in the rank/grade of PFC/E-3 on 3 September 1968, it appears that officials were unaware that on that very same date, Headquarters, Walson Army Hospital advanced him to SP4/E-4.  

	c.  He was placed on the TDRL on 18 September 1968 in the rank of PFC and both his retirement orders and his DD Form 214 listed his rank/grade as PFC/E-3 despite having been advanced to SP4/E-4 two weeks earlier.

	d.  There is sufficient evidence to show he should have been placed on the TDRL in the rank/grade of SP4/E-4.  His retirement orders and DD Form 214 should reflect his correct rank/grade with entitlement to back retired pay, if otherwise eligible. 

BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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: 

* amending Special Orders Number 1972, issued by Headquarters, Department of the Army on 3 September 1968 to show he was released from active duty on 18 September 1968 and placed on the Temporary Disability Retired List in the rank of SP4/E-4 effective 19 September 1968, with entitlement to back retired pay
* amending items 5a and 5b of his DD Form 214 to show SP4 vice PFC and E-4 vice E-3, respectively, and item 6 to show 3 September 1968 vice 21 September 1967 
* awarding him the Army Good Conduct Medal (1st Award) for the period 13 April 1967 through 18 September 1968 
* awarding him the Combat Infantryman Badge effective 17 November 1967 
* deleting from item 24 of his DD Form 214 the Vietnam Service Medal
* adding to item 24 of his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Vietnam Service Medal with bronze service star 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Mortar Bar (81 mm)



      ____________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)                                         AR20150003704



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ABCMR Record of Proceedings (cont)                                         AR20150003704



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