RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 January 2004
         DOCKET NUMBER: AR2003088738


         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. Carl W. S. Chun		Director
Ms. Maria C. Sanchez		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. Walter T. Morrison		Member
Ms. Karen Y. Fletcher		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests in his first application award of the Purple Heart. In his second application he requests correction of his records to show military occupational specialty (MOS) 43E2P (Parachute Rigger) and to remove the entry "AWOL" (absent without leave).

2. The applicant states that he received a shrapnel wound and was evacuated to Saigon. He indicates that a doctor annotated his wounds and submitted the information to be included in his medical records.

3. The applicant states he only attended the Parachute Rigger School and did not attend supply school. He also stated he was never AWOL, but was detained by military police for an investigation.

4. The applicant submitted two DD Forms 149 (Application for Correction of Military Records), one is dated 19 March 2003, and the other is dated 17 April 2003. On the application dated 19 March 2003, he stated that he discovered this error on 19 March 2003. On the application dated 17 April 2003, he stated he discovered the error on 17 April 2003. The applicant states that he was applying for Veterans Administration (VA) benefits when he became aware that his Purple Heart was not listed and that it could affect the decision for VA disability.

5. Attached to the applications are copies of the applicant’s DD Form 214 (Armed Forces of the United States Reports of Transfer or Discharge) dated 13 April 1966 and 14 April 1972; a copy of page 3 of his DA Form 20 (Enlisted Qualification Record); and seven letters of support.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of error which occurred on 14 April 1972, his date of separation from active duty. The applications submitted in this case are dated 19 March 2003 and 17 April 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

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3. The applicant served honorably in the Army National Guard. He entered the Regular Army on 9 February 1965. He completed the required training and was awarded the MOS 43E2P (Parachute Rigger). He served as a member of the 1st Brigade of the 101st Airborne Division in Vietnam.

4. The applicant continued to serve through a series of reenlistments until he was honorably separated from active duty on 14 April 1972.

5. The applicant's records contain two DD Forms 214 which cover his Regular Army service from 9 February 1965 through 14 April 1972. Both DD Forms 214 cover service in Vietnam; however, neither DD Form 214 shows award of the Purple Heart.

6. The applicant's records do not contain General Orders awarding him the Purple Heart. There also is no evidence in his records that show he was wounded or treated for wounds as a result of hostile action. His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). His name is not listed on the Vietnam Casualty Roster.

7. The applicant submitted a statement from a former fellow soldier that essentially states that he knew the applicant when they served together in the National Guard. They were stationed together in Fort Polk, Louisiana, and were activated during the Berlin Crisis in 1961 and 1962. He then was reunited with the applicant at Fort Bragg, North Carolina, in 1968 while he served with Special Forces units. He states, however, they were not in the same company but in the same type of unit. He stated that the applicant was a fully qualified Special Forces soldier and was proud to consider him as a friend.

8. The applicant submitted a letter, dated 5 June 1984, from a prior landlord that essentially states that he has known the applicant and his family since 1967.
He writes that he became good friends with the applicant and mentioned that the applicant has complained about his physical and mental problems and his frustrations with the Army. The landlord recalls when the applicant called a general, who was a base commander, requesting assistance, but the applicant never received the help desired.

9. The applicant submitted five letters of support from friends that essentially stated that they witnessed the applicant being interviewed on national television. They contend the interview occurred while the applicant was recuperating from wounds received in Vietnam.

10. These witness statements do not state how or where the applicant was wounded or that he was wounded as a result of hostile action.

11. The applicant's DD Form 214 with an effective date of 13 April 1966 shows in item 25a (Specialty Number and Title) the entries, "43E2P Parachute Rigger."

12. The applicant's DD Form 214 with an effective date of 14 April 1972 shows in item 23a (Specialty Number and Title) the entries, "76Y2P1A Unit and Org Sup Sp I 30" [Unit and Organization Supply Specialist – continued in item 30].

13. The 6th Special Forces Group (Airborne) published Special Orders Number 178, dated 9 September 1970. These orders awarded the applicant a new primary MOS 76Y2P (Unit and Organization Supply Specialist) effective 9 September 1970.

14. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows the entry "4 Oct 71 AWOL HHC 13th PSYOP BN Ft Bragg, NC” [4 October 1971, absent without leave, Headquarters and Headquarters Company, 13th Psychological Operations Battalion Fort Bragg, North Carolina].

15. Records show that on 8 October 1971, nonjudicial punishment was imposed upon the applicant for being AWOL from his assigned unit on 4 October 1971. His punishment consisted of forfeiture of $50.00 and 14 days of extra duty, suspended for 60 days.

16. Records show the applicant submitted a DA Form 3072 (Request for Waiver of Disqualification for Enlistment/Reenlistment in the Regular Army for In-Service Personnel), dated 10 November 1971, to the Commanding Officer of the 13th Psychological Operations Battalion, at Fort Bragg, North Carolina. This DA Form 3072 requested waiver for one day of AWOL to permit the applicant to reenlist. The Acting Commander of the 2nd Psychological Operations Group approved the waiver on 15 November 1971.

17. The applicant’s DD Form 214 shows that he served in Vietnam from 28 January 1966 to 27 January 1967. He was awarded the National Defense Service Medal, the Parachute Badge, the Vietnam Service Medal and the Vietnam Campaign Medal with 1960 device. Review of his records indicates he may be entitled to additional awards not shown on his DD Form 214.

18. The applicant's DA Form 20 shows he participated in the Vietnam Counteroffensive and the Vietnam Counteroffensive Phase II campaigns. Army Regulation 600-8-22 (Military Awards) in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

19. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action. A unit must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the 1st Brigade of the 101st Airborne Division was cited for award of the Presidential Unit Citation for the period 2 June 1966 through 22 June 1966 by Department of the Army General Order Number 59, dated 1968.

20. 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 document shows the 1st Brigade of the 101st Airborne Division, to
which the applicant was assigned, was cited for award of the Valorous Unit Award for the period 17 January 1966 through 25 March 1966 by Department of the Army General Order Number 1, dated 1969, amending Department of the Army General Order Number 17, dated 1968.

21. Army Regulation 600-8-22 (Military Awards) in pertinent part, states that effective 1 March 1961 the Meritorious Unit Commendation was authorized for units and/or detachments of the Armed Forces of the United States for exceptionally meritorious conduct in the performance of outstanding services for at least six continuous months in support of military operations. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) indicates that the 1st Brigade of the 101st Airborne Division was cited for this award for the period 29 July 1965 through 1 October 1966 by Department of the Army General Order Number 1, dated 1969, amending Department of the Army General Order Number 17, dated 1968.

22. 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 document shows the 1st Brigade of the 101st Airborne Division, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July through 31 July 1966 and 9 December 1966 through 18 January 1967 by Department of the Army General Order Number 21, dated 1969.

23. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart 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.

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24. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing discharge documents. The version of this regulation in effect a the time of the applicant's separation states that item 23a (Specialty Number and Title) will contain the soldier's primary MOS and code, title and date of award of that specialty.

25. Army Regulation 600-200 (Enlisted Personnel Management System) in pertinent part, states that reclassification to another primary MOS, and, if required reduction under provisions of chapter 7 to a pay grade and noncommissioned officer/specialist status commensurate with the skill level of the new primary MOS.

26. Army Regulation 600-200 (Enlisted Personnel Management System) in effect at the time in question governed the preparation of the DA Form 20 (Enlisted Qualification Record). The instructions for completing item 38 (Record of Assignments) required that all entries will be made in chronological order and will reflect a record of all military service of the individual.

DISCUSSION AND CONCLUSIONS:

1. There are no orders in the applicant's service personnel records that show award of the Purple Heart. There also is no evidence which shows that the applicant was wounded or treated for wounds as a result of hostile action. The applicant's name is not listed on the Vietnam Casualty Roster.

2. The applicant’s DD Form 214, which he authenticated at the time of his separation from the Army, does not show he was awarded the Purple Heart.

3. The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in Item 40 (Wounds) and does not show award of the Purple Heart as an authorized award in Item 41 (Awards and Decorations).

4. Statements were provided from former fellow soldiers, employers, co-workers and friends in support of the applicant's claim for award of the Purple Heart. However, in absence any other corroborating evidence of record, these statements alone are not sufficient as the basis for award of the Purple Heart.

5. In the absence of evidence that the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6. Records show at the time of discharge, the applicant was performing in the MOS 76Y2P1A in the 13th Psychological Operations Battalion at Fort Bragg, North Carolina, and his DD Form 214 correctly reflects his MOS.

7. The applicant requested removal of the entry "AWOL" from his DA Form 20. There is no evidence in the applicant’s military records indicating military authorities detained him on 4 October 1971 for an investigation. Records do show that he was AWOL, received a nonjudicial punishment and even requested a waiver of 1 day AWOL in order to reenlist. There is no evidence that the entry "AWOL" is in error. The entry is correct as currently constituted.

8. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

9. During the applicant’s assignment with the 1st Brigade of the 101st Airborne Division in Vietnam, the unit was cited for awards of the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation and the Republic of Vietnam Cross of Gallantry with Palm Unit Citation.

10. Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 April 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 13 April 1975. However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

11. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

_WTM__ __KYF___ _RVO___ DENY APPLICATION

1. The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.

2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show he was awarded the Vietnam Service Medal with two bronze service stars, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation and the Republic of Vietnam Cross of Gallantry with Palm Unit Citation.





                  _Raymond V. O'Connor, Jr.__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088738
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20040129
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1972/04/14
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON
BOARD DECISION	DENY w/Note
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015/PH
3. 1021	100.0000/DD 214
4.
5.
6.