IN THE CASE OF: BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160014937 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x_____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160014937 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 adding to his DD Form 214 for the period ending 22 November 1971 – * Purple Heart * Armed Forces Expeditionary Medal (Korea) * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Korea Defense Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle (M-14), Grenade, Machine Gun, and Pistol Bars 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 a correction of his date of discharge. ___________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. IN THE CASE OF: BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160014937 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 his date of discharge be corrected to September 1972 and, in effect, inclusion of his award of the Purple Heart on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states it is imperative that his date of discharge on the DD Form 214 be reviewed and updated to reflect all service dates from December 1968 until his actual discharge date of September 1972. Also, within this period, medical records included demonstrate an injury during war time within his service period. The lack of data reflected on his DD Form 214 has inhibited his ability to receive proper Purple Heart recognition as reflected within enclosed medical records. 3. The applicant provides two pages of service medical records. 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. On 26 November 1968, the applicant was inducted into the Army of the United States. He completed training for military occupational specialty 11D (Armor Intelligence Specialist). 3. On 25 December 1969, he was discharged for immediate reenlistment. The DD Form 214 issued at that time lists his awards as – * National Defense Service Medal * Armed Forces Expeditionary Medal (Korea) * Marksman Qualification Badge with Rifle Bar 4. The applicant's DD Form 214 for the period 26 December 1969 through 30 September 1970 lists no awards or decorations. 5. He had an immediate reenlistment on 1 October 1970. 6. On 13 February 1971, Headquarters, 11th Armored Cavalry Regiment, Orders Number 31 awarded the applicant the Purple Heart for wounds received on 8 January 1971. 7. A medical treatment note indicates the applicant was evacuated from Vietnam on 27 March 1971 for follow-up surgery for his wounds received on 8 Janaury 1971. 8. His DA Form 20 (Enlisted Qualification Record) shows he served in Korea from 9 June 1969 through 11 December 1970. He was reassigned to service in Vietnam on 18 December 1970. a. His assignments in Vietnam are shown as – * C Troop, 1st Squadron, 11th Armored Cavalry Regiment, from 22 December 1970 to 8 January 1971 * U.S. Army Vietnam Patient Casual Company, 93rd Evacuation Hospital from 8 January 1971 to 17 January 1971 * C Troop, 1st Squadron, 11th Armored Cavalry Regiment, from 18 January 1971 to 6 February 1971 * E Troop, 2nd Squadron, 11th Armored Cavalry Regiment, from 7 February 1971 to 26 March 1971 * U.S. Army Hospital, Camp Zama, as a patient from 27 March 1971 to 13 April 1971 when he was medically evacuated to the continental U.S. b. His arms qualification were – * marksman with the pistol * marksman with the M-60 machine gun * expert with the M-16 rifle * marksman with the hand grenade c. His awards are listed as the – * Armed Forces Expeditionary Medal (Korea) * National Defense Service Medal * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Rifle (M-14), Grenade, Machine Gun, and Pistol Bars * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 9. On 22 November 1971, he was discharged under other than honorable conditions for the good of the service in lieu of trial by court-martial with a total of 2 years, 7 months, and 29 days of creditable service and 101 days of lost time. His DD Form 214 shows no awards or decorations. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states: a. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. This practice was stopped effective 1 October 1979. b. For the entry at block 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to list awards and decorations for all periods of service in the priority sequence. Each entry is to be verified by the Soldier's records. Do not use abbreviations. 2. Army Regulation (Military Awards) states: a. A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. The applicant's service coincided with one campaign period. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Republic of Vietnam to members of the armed forces who served at least 6 months in Vietnam or who, because of wounds or capture, were prevented from serving the required 6 months. c. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows the 2nd Squadron, 11th Armored Cavalry Regiment was cited for award of Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 November 1970 through 18 December 1971. DISCUSSION: 1. The applicant has three DD Forms 214, with the last one showing a date of discharge of 22 November 1971. The available records contain no evidence of any active duty military service after that date. As such, there is no evidence of error in the discharge date shown on his final DD Form 214. 2. The evidence would support a recommendation to amend his final DD Form 214 to show all awards he is authorized. a. The applicant was awarded the Purple Heart for a wound received on 8 January 1971. This award is not shown on any of his DD Forms 214. b. The applicant is authorized award of the Vietnam Service Medal with one bronze service star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which are not listed on any of his DD Forms 214. c. The applicant was medically evacuated from Vietnam for surgical treatment for the wounds received in Vietnam. Based on this medical evacuation he met the eligibility requirements for award of the Republic of Vietnam Campaign Medal, which was not recorded on any of his DD Forms 214. d. The applicant's weapons qualification badges were omitted from his final DD Form 214. e. The applicant is also authorized the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), and Korea Defense Service Medal //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014937 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014937 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2