PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           03 February 1999                   
	DOCKET NUMBER:   AC98-09963
                                              AR1998014349

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Mark D. Manning		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his separation document (DD Form 214) be corrected to show 3 years of active duty service.

3.  The applicant states that he is entitled to 36 months of active duty credit based on his separation orders.  He states the special instructions in these orders show he is entitled to credit for a full 36 months of active duty.  In support of his application, he submits a copy of his enlistment contract, his separation orders, and his DD Form 214.

4.  The applicant’s military records show that he enlisted in the Army on 31 March 1970 for 3 years.  He successfully completed basic training and advanced infantryman training (11B).  He also completed the basic airborne course at Fort Benning, Georgia.

5.  The applicant served in the Republic of Vietnam (RVN) with Company B, 4th Battalion (Airborne), 503d Infantry, from 7 December 1970 until his return to the United States on 16 August 1971.

6.  The applicant’s DD Form 214 indicates that on 23 January 1971 the applicant was wounded in the lower right leg and buttocks.

7.  Headquarters, 173d Airborne Brigade General Orders, dated 11 July 1971, awarded the applicant the Bronze Star Medal (BSM) for meritorious service in connection with ground operations against a hostile force in the RVN for the period from December 1970 to August 1971.

8.  The applicant’s DD Form 214 shows that he was awarded the National Defense Service Medal, the RVN Campaign Medal w/60 Device, the Vietnam Service Medal w/1 bronze service star, and the Parachutist Badge.

9.  Headquarters, United States Training Center and Fort Campbell Special Orders Number 43, dated 17 February 1972, relieved the applicant from active duty not by reason of physical disability and transferred him to the United States Army Reserve (USAR).  His new unit of assignment was shown as being Battery A, 1st Battalion, 144th Artillery, Ventura, California.  The special instructions of these orders state:  “1. Individual will report to above unit of assignment on 9 April 1972.    2.  This individual is credited with his full term of active duty of 36 months.”

10.  The applicant’s DD Form 214, issued on 18 February 1972, shows in item 22 (Statement of Service) that his net service and his total active service covered by this DD Form 214 was 1 year, 10 months, and 18 days.
11.  The applicant’s DD Form 214 also shows the reason and authority for his discharge as Army Regulation 635-200, paragraph 5-3 and Department of the Army (DA) message 102035Z December 1971 (Enlisted Personnel-Early release to serve one year in an ARNG or a USAR unit).

12.  DA message DAPE-MPP 121008Z October 1971 is one of a series of messages, including the DA message 102035Z December 1971 cited on the applicant’s DD Form 214, which implemented post-Vietnam phasedown release initiatives in the early 1970’s using the Reserve Components Active Army In-Service Recruiting Program to get personnel to serve in the Reserve Components.  These initiatives essentially provided for voluntary early release from active duty of first term soldiers who agreed to serve one year in an active ARNG or USAR unit.

13.  Regular Army first term soldiers stationed in the United States serving on an initial 3-year enlistment and who had completed 18 months or more active duty service, to include a normal tour in the RVN, by 30 June 1972 could be released from active duty as soon as possible following application and acceptance by an ARNG or USAR unit providing they agreed to serve until their original expiration term of service with that ARNG or USAR unit.

14.  Individuals separated under this early release program who had 18 months or more of active duty service were eligible to receive the full 36 months of educational benefits.  Those individuals who were separated with less than 18 months were required to sign a statement acknowledging that their educational benefit was equal to only 1½ months for each month or fraction thereof served on active duty.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

16.  Army Regulation 600-8-22 also provides, in pertinent part, that the BSM is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

17.  The same regulation further provides, in pertinent part, that the Combat Infantryman Badge (CIB) 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.  The Awards Branch, Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

18.  DA General Orders 8, dated 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in the RVN to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

CONCLUSIONS:

1.  The applicant met the qualification for early release and subsequent assignment to an USAR or ARNG unit as specified in DA message DAPE-MPP 121008Z October 1971.

2.  The applicant was voluntarily released early from active duty to serve in an USAR or ARNG unit for one year.

3.  The applicant had served on active duty for more than 18 months and was credited with a full 36 months of educational benefits.

4.  However, there is no evidence to indicate that this early release program intended to grant creditable active Federal service for time not actually served on active duty.  The statement on the applicant’s separation orders, crediting him with 36 months of active duty was to ensure his entitlement to 36 months of educational benefits.

5.  The available records do not establish that the applicant received his wounds as a result of enemy action.  However, his assignment as an infantryman with an infantry unit in the RVN and his award of the BSM for meritorious service in connection with ground operations against a hostile force lead to a reasonable conclusion that the applicant’s wounds were received in combat.  Therefore, he should be awarded the PH.
6.  The evidence of record shows that the applicant participated in combat against an enemy ground force, he did hold an infantry MOS and was assigned to an infantry unit of brigade size or smaller in a combat zone.  Therefore, the applicant meets the criteria for award of the CIB.

7.  The applicant was awarded the BSM for meritorious service in the RVN from December 1970 to August 1971.

8.  The applicant was assigned to a unit subordinate to Headquarters, United States Army Vietnam during the period cited in DA General Orders 8, dated 1974, and is, therefore, entitled to award of the RVN Gallantry Cross Unit Citation with Palm.

9.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case, particularly the DD Form 214 of the individual concerned, be corrected by showing that he was awarded the BSM, PH, CIB, and the RVN Gallantry Cross Unit Citation with Palm.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

____X____  ____X____  ____X____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-09963	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT ,EXCESS DENIED	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.	107.00	
3.		
4.		
5.		
6.