RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 February 2007
      DOCKET NUMBER:  AR20060010558


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 a letter to his Senator, in effect, that his
records be corrected to show he was awarded the National Defense Service
Medal, the Sharpshooter Marksmanship Qualification Badge (M-14), the Expert
Marksmanship Qualification Badge (106 recoilless rifle), the Marksman
Marksmanship Qualification Badge (.45 caliber pistol), the Expert
Infantryman Badge, “Original Rappelling Wings,” and the Purple Heart.  He
also requests that he be awarded service connection for his numerous
maladies resulting from his service in Southeast Asia prior to his 27
October 1964 hardship discharge.

2.  The applicant states, in a letter to his Senator, that while at Fort
Benning, GA he and 22 others were selected for a Special Operations
temporary duty (TDY) assignment in Southeast Asia.  They had a 2-week
assignment to the 11th Air Assault Division’s Squadron (sic).  He pulled
his first mission the first day they arrived.  He had to have six hours of
training in the T-28, so he practiced take-offs and landings for six hours,
and he was sent out on his first solo mission.  Then, his mission was to
bring 13 T-28s from Japan to Siam.  He waited in Japan for two weeks for
the planes to arrive.  When the planes did arrive, he checked them out,
reviewed his flight plan, confirmed his orders, and took off.  He went back
and forth delivering those aircraft, until they were all delivered to Siam.
 When he finished, he was promoted to Colonel.  The promotion had come down
from Headquarters, and was signed by (he believes), General Alexander Hague
(sic).  His two-week TDY turned into seven weeks of operations in Southeast
Asia.

3.  In an undated letter, the applicant states that, based upon his
performance in Officer Candidate School, he was selected, along with 22
others, to join a Special Operations Unit of Special Forces.  They went to
Southeast Asia to learn “Sneaky Flying.”  They pulled missions day and
night, both on land and in the air, in Laos, Cambodia, and Vietnam.  They
got shot at every time they went up, but he only got shot down the one
time.  His head got torn up very badly.  After using his escape and evasion
training to get out of there, he was sent on to Guam for head repairs.  He
should have been awarded the Purple Heart.

4.  The applicant provides two U. S. Senate Information and Privacy Act
Forms, one dated 31 May 2006 and one dated 23 June 2006; a 31 May 2006
letter, addressed to “Dear Honorable Sirs & Ma’ams” and the same letter,
dated 29 May 2006; an undated letter addressed to “Dear Sirs”; a two-page,
undated letter describing his service in Southeast Asia; a one-page,
undated letter describing his service in Southeast Asia; his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge); a
Department of Veterans Affairs Medical Record, dated 24 April 2006; and
what appears to be a nine-page extract from a book review.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 October 1964.  The application submitted in this case
is dated    21 May 2006.

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 limitations 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 enlisted in the Regular Army on 9 October 1963 for
airborne training.  He completed basic training and advanced individual
training and was awarded military occupational specialty 112.00 (Infantry
Indirect Fire Crewman).  He failed the physical fitness test for airborne
training on 17 January 1964.  On    9 February 1964, he was advanced to
Private, E-2.

4.  On or about 4 April 1964, the applicant was assigned to Troop A, 3d
Squadron, 17th Cavalry, 11th Air Assault Division, Fort Benning, GA.

5.  The applicant departed absent without leave (AWOL) from 6 through
     10 September 1964.

6.  On 1 October 1964, the applicant requested a hardship discharge due to
his mother’s ill health.  His request was approved and on 27 October 1964
he was released from active duty, in the rank and grade of Private, E-2,
due to hardship. His DD Form 214 shows he was not awarded any awards and
decorations.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was
awarded the Sharpshooter Marksmanship Qualification Badge (M-14).  His
records do not show that he served any overseas service.  His records do
not contain any orders to show he was awarded the Expert Infantryman Badge
and Expert Infantryman Badge is not listed on his DA Form 20.

8.  On 2 April 1968, the applicant was discharged from the U. S. Army
Reserve due to failure to furnish current address.
9.  Army Regulation 600-8-2 (Military Awards) states that the National
Defense Service Medal is awarded for honorable active service for any
period between  27 June 1950 and 27 July 1954, between 1 January 1961 and
24 August 1974, between 2 August 1990 and 30 November 1995, and between 11
September 2001 to a date to be determined.

10.  Army Regulation 600-8-22 provides for award of the Expert Infantryman
Badge.  Award of the Expert Infantryman Badge requires that an individual
must have satisfactorily completed the prescribed proficiency tests while
assigned or attached to an infantry unit of at least battalion size.  To be
eligible for testing and award of the Expert Infantryman Badge, a Soldier
must be in an active Army status and must have an infantry or special
forces specialty.

11.  Army Regulation 600-8-22 provides 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 by a medical officer, and the
medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 also sets forth requirements for award of
basic marksmanship qualification badges.  The qualification badge is
awarded to indicate the degree in which an individual has qualified in a
prescribed record course, and an appropriate bar is furnished to denote
each weapon with which the individual has qualified.  The qualification
badges are in three classes:  Expert, Sharpshooter, and Marksman.  The
qualification should be shown as:  Expert Marksmanship Qualification Badge
with Rifle Bar or Marksman Marksmanship Qualification Badge with Automatic
Rifle Bar or Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

13.  Army Regulation 600-8-22 does not list “Original Rappelling Wings” as
an authorized award.

14.  Title 38, U. S. Code, sections 1110 and 1131, permits the VA to award
compensation for a medical condition which was incurred in or aggravated by
active military service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Sharpshooter
Marksmanship Qualification Badge (M-14).  Therefore, his DD Form 214 should
be amended to show he was awarded the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.
2.  The evidence of record does not show the applicant was awarded the
Expert Marksmanship Qualification Badge (106 recoilless rifle), the
Marksman Marksmanship Qualification Badge (.45 caliber pistol), or the
Expert Infantryman Badge.  Therefore, there is insufficient evidence that
would warrant amending his DD Form 214 to show he was awarded these badges.

3.  “Original Rappelling Wings” is not listed in Army Regulation 600-8-22
as an authorized award.  In addition, there is no evidence of record to
show that the applicant might have been awarded “Original Rappelling Wings”
as an unofficial, local award.

4.  There is no evidence of record to show the applicant served overseas or
was wounded as a result of hostile action.  Therefore, there is
insufficient evidence to show he met the eligibility criteria for award of
the Purple Heart.

5.  The applicant did meet the eligibility requirement for award of the
National Defense Service Medal.

6.  Awarding of service connection for medical conditions incurred as a
result of military service is a function of the Department of Veterans
Affairs and does not fall under the purview of the Department of the Army.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 October 1964; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on          26 October 1967.  The applicant did not file
within the 3-year statute of limitations; however, based on the evidence of
record it would be in the interest of justice to excuse failure to timely
file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__hof___  __wfc___  __ded___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that the DD Form 214 of the
individual concerned be corrected by showing he was awarded the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the
National Defense Service Medal.

2.  The Board further determined that 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
showing he was awarded the Expert Marksmanship Qualification Badge (106
recoilless rifle), the Marksman Marksmanship Qualification Badge (.45
caliber pistol), the Expert Infantryman Badge, “Original Rappelling Wings,”
and the Purple Heart or to show he was awarded service connection for any
medical condition.




                                  __Hubert O. Fry_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060010558                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0069                                |
|3.                      |107.0112                                |
|4.                      |100.00                                  |
|5.                      |                                        |
|6.                      |                                        |


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