RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          29 September 2005
      DOCKET NUMBER:  AR20050002532


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Leonard Hassell               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 5a (Grade, Rate or Rank)
on his DD Form 214 (Report of Transfer or Discharge) be corrected to show
staff sergeant; that item 5b (Pay Grade) be corrected to show the entry, "E-
6," and that item 11d (Effective Date) be changed.  He also requests that
his DD Form 214 be corrected to show the Driver Badge, the Air Assault
Badge, the Parachutist Badge, the Purple Heart, the Air Medal, and the Army
Commendation Medal.

2.  The applicant states he requested a new DD Form 214 in 1973; however,
he only received a partial answer to his request.  He also states, in
effect, that his discharge date is incorrect.

3.  The applicant provides a DD Form 214 which appears to be altered; a DD
Form 215 (Correction to DD Form 214), dated 25 May 1973; a DA Form 1577
(Authorization for Issuance of Awards), dated 23 May 1973; a DA Form 1577,
dated 31 May 1973; an Armed Forces Identification card; a U.S. Government
Motor Vehicle Operator's Identification card; numerous service personnel
records; orders for the basic Parachutist Badge, the Combat Infantryman
Badge, the Bronze Star Medal, the Army Commendation Medal, the Air Medal,
and the second award of the Air Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
4 June 1970.  The application submitted in this case is dated 28 January
2005.

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.

3.  The applicant was inducted on 29 October 1968.  He arrived in Vietnam
on
21 May 1969.  He served as a light weapons infantryman assigned to Company
C, 1st Battalion, 506th Infantry in Vietnam from 8 June 1969 through
10 November 1969.  He was assigned to Headquarters and Headquarters
Company, 1st Battalion, 506th Infantry in Vietnam from 11 November 1969
through 4 June 1970.  Orders show the applicant was promoted to specialist
four effective 8 January 1970.  Discharge orders, dated 4 June 1970, show
the applicant was released from active duty in the rank of specialist four.
 His DD Form 214 shows that he was released from active duty in the rank of
specialist four after completing 1 year, 7 months, and 6 days of creditable
service with no time lost.

4.  Items 5a and 5b on the applicant's DD Form 214 contained in his service
personnel records show the entries, "SP4" and "E-4."  Item 11d on this DD
Form 214 shows he was discharged on 4 June 1970.  This DD Form 214 also
shows the National Defense Service Medal, the Combat Infantryman Badge, the
Vietnam Campaign Medal, two awards of the Overseas Service Bar, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert
Marksmanship Qualification Badge with Rifle Bar as authorized awards.

5.  A DD Form 215, dated 25 May 1973, amended the applicant's DD Form 214
to show the Vietnam Service Medal with four bronze service stars, the
Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the 1st Class Badge with Machinegun Bar, and the Bronze Star
Medal.

6.  The DD Form 214 provided by the applicant appears to be altered.  His
rank and pay grade are shown as staff sergeant/pay grade E-6.  This DD Form
214 also shows the National Defense Service Medal, the Vietnam Service
Medal, the Vietnam Campaign Medal, the Purple Heart, the Air Medal, the
Army Commendation Medal, the Bronze Star Medal, the Combat Infantryman
Badge, two awards of the Overseas Service Bar, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship
Qualification Badge with Rifle Bar as authorized awards.

7.  There is no evidence in the available records which shows the applicant
was promoted to staff sergeant/pay grade E-6.

8.  There are no orders for the Driver Badge in the applicant's service
personnel records.  There is also no evidence that he met all the
requirements for the Driver Badge.

9.  There are no orders for the Air Assault Badge in the applicant's
service personnel records.  There is also no evidence in his records which
shows that he completed an Air Assault course.

10.  The applicant provided a copy of Headquarters, 101st Airborne Division
(Airmobile) Special Orders Number 265, dated 22 September 1969, which shows
he received the basic award of the Parachutist Badge.  However, there is no
evidence the applicant completed airborne training and his DA Form 20
(Enlisted Qualification Record) shows that he waived airborne training on 2
April 1969.
11.  The applicant provided a copy of Headquarters, 101st Airborne Division
(Airmobile) General Orders Number 13682, dated 12 November 1969, which show
he received the Army Commendation Medal.  However, the Military Awards
Branch of the Human Resources Command provided a copy of these orders and
the applicant's name does not appear on it.

12.  The applicant provided a copy of Headquarters, 101st Airborne Division
(Airmobile) General Orders Number 2196, dated 27 February 1970, which show
he received the Air Medal for meritorious achievement while participating
in aerial flight on 31 January 1970 in Vietnam.  However, the Military
Awards Branch of the Human Resources Command provided a copy of these
orders and the applicant's name does not appear on it.

13.  The applicant provided a copy of Headquarters, 101st Airborne Division
(Airmobile) General Orders Number 3312, dated 25 March 1970, which show he
received a second award of the Air Medal for meritorious achievement while
participating in aerial flight during the period 15 September 1969 to 10
March 1970.  However, the Military Awards Branch of the Human Resources
Command provided a copy of these orders and the applicant's name does not
appear on it.
14.  There is no evidence in the available records which shows that the
applicant was awarded the Purple Heart or was wounded as a result of
hostile action in Vietnam.

15.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20
is blank.  The applicant's name does not appear on the Vietnam Casualty
Roster.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part
for award of the Driver and Mechanic Badge.  To receive an award, the
individual must qualify for and possess a U.S. Government Motor Vehicles
Operator’s Identification Card, occupy a duty position with the title of
driver or assistant driver for a minimum of 12 consecutive months or during
8000 miles have no Army motor vehicle accident or traffic violation
recorded on the Equipment Operator’s Qualification Record, and must perform
satisfactorily for a minimum of one year as an active qualified driver
instructor or motor vehicle driver examiner.

17.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the Air Assault Badge.  Award of the Air Assault Badge
requires that an individual must have satisfactorily completed an Air
Assault training course according to the U.S. Army Training and Doctrine
Command standardized Air Assault Core Program of Instruction, or completed
the standard Air Assault Course while assigned or attached to the 101st
Airborne Division (Air Assault) after 1 April 1974.  There is no
retroactive date for this badge.

18.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the basic Parachutist Badge.  Award of the basic Parachutist
Badge requires that an individual must have satisfactorily completed the
prescribed proficiency tests while assigned or attached to an airborne unit
or the Airborne Department of the Infantry School, or have participated in
at least one combat parachute jump.

19.  Army Regulation 600-8-22 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.

20.  Army Regulation 600-8-22 provides that Arabic numerals are now used
instead of oak leaf clusters for the second and succeeding awards of the
Air Medal.  The numeral 2 denotes the second award of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was promoted
to staff sergeant/pay grade E-6 prior to his separation on 4 June 1970.
Therefore, there is insufficient evidence on which to amend items 5a and 5b
on his DD Form 214.

2.  Although the applicant contends that his discharge date is incorrect,
orders show he was released from active duty on 4 June 1970.  Therefore,
there insufficient evidence on which to amend item 11d on his DD Form 214.

3.  Although the applicant provided a U.S. Government Motor Vehicle
Operator's Identification card in support of his claim for the Driver
Badge, there are no orders for the Driver Badge in the applicant's service
personnel records.  There is also no evidence he occupied a duty position
with the title of driver or assistant driver for a minimum of 12
consecutive months or performed satisfactorily for a minimum of one year as
an active qualified driver instructor or motor vehicle driver examiner.
Therefore, there is insufficient evidence on which to award this badge.

4.  The applicant was separated from active duty before 1 April 1974.
There is no retroactive date for the Air Assault Badge.  Therefore, there
is no basis for granting the applicant's request.
5.  Although the applicant provided orders which show he received the basic
Parachutist Badge, there is no evidence of record which shows the applicant
completed airborne training or participated in a combat jump.  Also,
evidence of record shows he waived airborne training on 2 April 1969.
Therefore, the orders provided by the applicant are not accepted as
sufficient for a basis of amending his DD Form 214 to show the Parachutist
Badge.

6.  There is no evidence of record which shows that the applicant was
wounded or treated for any injuries as a result of hostile action in
Vietnam.  Therefore, there is insufficient evidence on which to base an
award of the Purple Heart in this case.

7.  Since the general orders provided by the Military Awards Branch of the
Human Resource Command for the Air Medal and the second award of the Air
Medal do not show the applicant's name on it, the orders provided by the
applicant are not accepted as sufficient for a basis of amending his DD
Form 214 to show any award of the Air Medal.

8.  Since the general orders provided by the Military Awards Branch of the
Human Resource Command for the Army Commendation Medal do not show the
applicant's name on it, the orders provided by the applicant are not
accepted as sufficient for a basis of amending his DD Form 214 to show
award of the Army Commendation Medal.

9.  Records show the applicant should have discovered the alleged error now
under consideration on 4 June 1970; therefore, the time for the applicant
to file a request for correction of any error on 3 June 1973.  Although the
applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the fact there is no
statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

LE_____  PS______  LH______  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would 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.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



            ____Lester Echols_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002532                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |102.0200                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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