BOARD DATE:	  29 October 2015

		DOCKET NUMBER:  AR20150004621 


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–

* reconsideration for award of the Purple Heart, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Pistol (.45 Caliber), Grenade, and Rocket Launcher Bars
* award of the Republic of Vietnam Campaign Medal with Device (1960) 
* a "Leader Preparation Certificate"
* clarification of what awards he is authorized

2.  In his statement he indicates –

* he received multiple head traumas in combat in Vietnam 
* all of his records were not returned from Vietnam 
* he served with the 4th Infantry Division not the 14th Infantry Regiment
* he earned the Combat Infantryman Badge for participation in two "Broken Arrow" incidents [Note: "Broken Arrow" is Army radio code for a unit about to be overrun that diverts tactical air support to that unit.]

3.  The applicant provides – 

* six-page personal statement
* three Department of Veterans Affairs (VA) medical notes with self-authored comments

* correspondence with the Vietnam Veterans of America, Disabled American Veterans, his Congressman
* a self-annotated copy of his prior Army Board for Correction of Military Records (ABCMR) decisional document
* a 21 October 2013 National Personnel Records Center (NPRC)  

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140010701, on 12 February 2015.

2.  The applicant's request for award of the Republic of Vietnam Campaign Medal with Device (1960) and a "Leader Preparation Certificate" are issues not previously addressed and constitute new issues warranting Board consideration.

3.  The applicant enlisted in the Regular Army on 22 December 1971 and held MOS 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was private first class/E-3.

4.  His records show he served in Vietnam as a security guard with Company E, 14th Infantry, Long Binh Post Infantry Battalion (Provisional), APO San Francisco from 12 June 1972 through 18 September 1972 (3 months and 7 days).  

5.  On 15 August 1972, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for sleeping on his post as a tower sentinel.

6.  On 19 September 1972, a special court-martial found the applicant guilty of sleeping on his post (as a tower sentinel in Vietnam) on two occasions.  His punishment included confinement for 2 months of which he served 50 days at Fort Riley, Kansas. 

7.  On 31 January 1973, he accepted NJP for being absent from his place of duty from 17 to 18 January 1973.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  The available records do not include any orders for any awards or decorations.
10.  He was honorably released from active duty on 8 February 1974.  His DD Form 214 shows he completed 1 year, 11 months, and 27 days of net active service, with 3 months and 7 days of foreign service, and 50 days of lost time.  His awards are listed as the National Defense Service Medal and the Vietnam Service Medal.

11.  A 1976 VA Medical Discharge Summary states that the applicant complained of black-outs and reported a history of head trauma.  He was referred to the epilepsy clinic for follow-up.

12.  The 11 December 2013 VA Progress Note shows treatment for mental health issues.  His mental health diagnoses were anxiety disorder with obsessive component, polysubstance dependence in remission, substance induced mood/ mental disorder, and schizoaffective disorder.

13.  A 21 October 2013 National Personnel Records Center (NPRC) letter lists the applicant's authorized awards as the –

* National Defense Service Medal 
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Ribbon with Device (1960) 
* Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar

14.  On 12 February 2015, the ABCMR granted partial relief by showing the applicant's awards included (in addition to those listed on his DD Form 214) the Vietnam Service Medal with one bronze service star, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It denied his request for award of the Purple Heart, Combat Infantryman Badge, and/or the Expert Marksmanship Qualification Badge with Pistol (.45 Caliber), Grenade, or Rocket Launcher Bars due to a lack of official records to show eligibility for these awards.

15.  Based on the applicant's DD Form 214 and the ABCMR corrections and additions, his awards are currently shown to be the –

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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

	a.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be 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.

	b.  The Purple Heart 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.

	c.  Marksmanship badges and tabs are awarded to indicate the degree in which an individual has qualified in prescribed weapons firing courses or events. An appropriate bar is furnished to denote each weapon with which he or she qualified.  Marksmanship badges awarded for previous marksmanship weapons qualification is automatically revoked whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.

	d.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service requires assignment in Vietnam for 6 months or more.  

17.  U.S. Army Vietnam Regulation 672-1 (Awards), in effect at the time, excluded Soldiers (including those holding infantry MOS's) who were serving as facility security guards from award of the Combat Infantryman Badge.

18.  Army Regulation 635-5 (Separation Documents) provides that the 
DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The NPRC letter incorrectly shows the applicant as being authorized the Republic of Vietnam Campaign Ribbon with Device (1960) and the Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar.

2.  The applicant served in Vietnam for less than 6 months, as such he does not meet the time in country eligibility requirements for award of the Republic of Vietnam Campaign Ribbon with Device (1960).  

3.  The applicant is shown to have qualified on the M-16 as a service rifle not as an automatic rifle.

4.  The official military records include evidence showing only that the applicant qualified as a sharpshooter with the M-16.  The applicant's word alone is insufficient evidence to validate his assertion that he subsequently qualified as an expert with the rifle, pistol, grenade, and/or rocket launcher.  

5.  The applicant has not provided and the records do not contain any evidence that he served with an infantry unit performing infantry duties during such time as the unit was engaged in active ground combat, and that he actively participated in such ground combat.  

6.  Further, USARV Regulation 672-1, as then in effect, excluded personnel serving as security guards from receipt of the Combat Infantryman Badge.

7.  There is no evidence in his military records or other available sources to show he was awarded the Purple Heart or met the criteria for the Purple Heart.  While the VA medical record states he has a history of head trauma it does not elaborate as to where this information came from and more importantly that it was the result of enemy action.  The post-service VA medical records do not show the applicant was wounded as result of hostile action, that he sustained a wound that required treatment by medical personnel, and/or that there is an official record of a medical treatment for a wound.  The VA records are insufficient to show he meets the criteria for award of a Purple Heart.

8.  The applicant has not provided any explanation of what a "Leader Preparation Certificate" is or why he would be entitled to such a certificate.  A review of the Government Printing Office's listing of authorized forms (including military citations and certificates) failed to locate a certificate by or similar to this name.  Furthermore, there are no provisions to add certificates to a Soldier's 
DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  __x______  __x__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20140010701, on 12 February 2015.

2.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned for award of the Republic of Vietnam Campaign Ribbon with Device (1960) or a "Leader Preparation Certificate."
      
      
      
      _______ _ 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)                                         AR20150004621



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ABCMR Record of Proceedings (cont)                                         AR20150004621



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