RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060014227 


	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. Gerard W. Schwartz

Acting Director

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

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 effect, award of the Purple Heart and copies of his previously awarded "Machete" Bar and Jungle Expert Patch [correctly known as the Panamanian-Pana Jungle Badge].

2.  The applicant also requests that Item 8a (Selective Service Number) and item 8b (Selective Service Local Board Number, City, State and Zip Code) of his DD Form 214 (Report of Separation from Active Duty), dated 30 September 1974 be amended to show the correct information.

3.  The applicant states that his Social Security Number was used and then his "RA" number in his records.  The applicant states that he completed the Jungle Warfare School of the Americas and was selected the honor graduate of the class.  The applicant continues that he was transferred to the Republic of Vietnam where he was assigned to the 4th Infantry Division Engineer Support Team.

4.  The applicant states he was further assigned to the 25th Infantry Division Engineer Support Team in the Republic of Vietnam and that his team was in the process of expanding a fire base camp in Tan-Nan when they where "hit by incoming mortar rounds."  The applicant continues that he was "hit" in the right part of his right foot and does not know what happened to the other men.  The applicant contends that he was evacuated and after 2 to 3 weeks recovery he was returned to action.  The applicant concludes that he did not receive the award of the Purple Heart.

5.  The applicant provides a copy of his DD Form 214, dated 30 September 1974; a Certificate of Training from the School of the Americas, dated 5 May 1967, showing completion of the Jungle Operations Course; the front side of Headquarters, 2nd Infantry Division Special Orders Number 229, dated 21 September 1972; and two personal photographs in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 30 September 1974, the date of his release from active duty for the purpose of length of service retirement.  The application submitted in this case is dated 27 September 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's military records are not available.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents that the applicant submitted for the Board to conduct a fair and impartial review of this case.

4.  The available records show that he enlisted in the Regular Army on 9 August 1954.  He was trained in, awarded, and served in military occupational specialty (MOS) 12B (Combat Engineer).  The applicant reenlisted in the Regular Army on 23 November 1956 and continuously served through several reenlistments until he was honorably released from active duty on 30 September 1974 for the purpose of retirement and transferred to the USAR Control Group (Retired).  The highest rank he attained while serving on active duty was staff sergeant/pay grade E-6.

5.  The applicant's records show he served two tours of duty in the Republic of Vietnam during the periods 2 July 1967 through 15 June 1968 and 3 September 1971 through 15 April 1972.

6.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart, the "Machete" Bar, or the Panamanian-Pana Jungle Badge.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that during his first tour of duty in the Republic of Vietnam, he served with Company C, 4th Engineer Battalion of the 4th Infantry Division during the period 13 July 1967 through 31 July 1967; Company D, 65th Engineer Battalion of the 25th Infantry Division during the period 1 August 1967 through 6 November 1967; Company B, 65th Engineer Battalion of the 25th Infantry Division during the period 7 November 1967 through 17 March 1968; and Company A, 65th Engineer Battalion of the 25th Infantry Division during the period 18 March 1968 through 25 July 1968.  During his second tour in the Republic of Vietnam, he served with the 501st Engineer Company, 3rd Brigade 1st Cavalry Division during the period 19 July 1971 through 23 April 1972.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds received.  Item 41 (Awards and Decorations) does not show award of the Purple Heart, the "Machete" Bar, or the Panamanian-Pana Jungle Badge.  

9.  There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action. 

10.  There are no general orders in the applicant's records to show he was awarded the Purple Heart. 

11.  The applicant's name does not appear on the Vietnam Casualty Roster. 

12.  The applicant provided a photograph which shows he has a small scar on the side of his right foot and a second photograph which shows him sitting behind a desk.

13.  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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.  

14.  The applicant provided a Certificate of Training which shows he successfully completed the Jungle Operations Course at the United States Army School of the Americas on 5 May 1967.  The applicant's record does not show he was authorized award the Panamanian-Pana Jungle Badge based on the completion of this course.

15.  Army Regulation 600-8-22 (Military Awards) provides that foreign decorations and badges may be authorized by authorized approval authorities for wear by U.S. military personnel.  Foreign qualification and special skill badges may be accepted if awarded in recognition of the criteria as established by the foreign government concerned.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  The regulation specifically prohibits honorary badges from being authorized for wear or entry in official military personnel records. 

16.  The applicant record does not show he was awarded the "Machete" Bar.  In accordance with Table 8-2 (Weapons for which Component Bars are Authorized) of Army Regulation 600-8-22 the "Machete" Bar is not shown as an authorized weapon. 

17.  Item 8a (Selective Service Number) of the applicant's DD Form 214 shows the entry DNA, and item 8b (Selective Service Local Board Number, City, State and Zip Code) shows the entry LB #DNA.  The applicant's records show that he enlisted on 9 September 1954.  At the time of the applicant's enlistment, he was assigned the Service Number RA1x xxx xx1.  There is no evidence in the available records which show the applicant was inducted into military service or was provided a selective service number. 

18.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

19.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 Rifle.  This badge is not shown on his DD Form 214.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the awards received by units serving in the Republic of Vietnam.

21.  Department of the Army Pamphlet 672-3 shows that while the applicant was assigned to the 501st Engineer Company, 3rd Brigade, 1st Cavalry Division the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Headquarters Department of the Army General Orders Number 54, dated 1974.

22.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his records do not show any bronze service stars indicating campaign credit.  His records indicate that he participated in the Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase VI, the Consolidation I, the Consolidation II, and the Vietnam Cease-Fire.

23.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in eight campaigns during his tour of duty in the Republic of Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Army Regulation 600-8-22 also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

24.  Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In pertinent part, it states in item 8a and b (Selective Service Number and Local Board) enter Selective Service Number without altering the group spacing.  If member not registered with Selective Service enter "DNA" in both items.

25.  Army Regulation 635-5 also states, in pertinent part, that item 12 (Command to which transferred) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart due to wounds sustained while serving in the Republic of Vietnam.

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

3.  The photograph submitted by the applicant does not provided substantiating evidence which verifies that the scar he identifies as a wound was incurred as a result of hostile action, treated by a medical officer, and the medical treatment was made a matter of official records.  

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

5.  The applicant contends that he is entitled to award of the "Machete" Bar.  There is no evidence in the available records and the applicant has not provided evidence which shows he was awarded the "Machete" Bar.  In accordance with Table 8-2 (Weapons for which Component Bars are Authorized) of Army Regulation 600-8-22 the "Machete" Bar is not shown as a recognized weapon or component bar.  Therefore, there is no basis to grant the applicant's request for award of the "Machete" Bar.

5.  The applicant contends that he is entitled to award of the Panamanian-Pana Jungle Badge.  This badge was only authorized by the host country of Panama.  There is no evidence in the available records that show the applicant was ever stationed in Panama and the applicant has not provided any evidence which show that this badge was an authorized foreign award.  Therefore, he is not entitled to have his records corrected to show this foreign badge.

6.  The applicant contends that his record should be amended to show the correct information in item 8a (Selective Service Number) and item 8b (Selective Service Local Board Number City, State and Zip Code) of his DD Form 214, dated 30 September 1974.  

7.  The applicant's records show that the applicant was not inducted into the military service on 9 September 1954.  In accordance with Army Regulation
635-5, item 8a and b (Selective Service Number and Local Board) will show the entry "DNA" in both items if the member is not registered with the Selective Service.  The entries shown in item 8a "DNA" and item 8b "DNA" on his DD Form 214 are correct as currently listed and there is no corrective action necessary.

8.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

9.  Records show that the applicant participated in the eight campaigns during his service in Vietnam.  Therefore he is eligible for award of one silver service star and three bronze service stars to be affixed to his previously awarded Vietnam Service Medal.

10.  Records show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 Rifle which is not shown on his DD Form 214.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show this award.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 September 1974; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 September 1977.  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.

12.  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 3 of the Board Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_DED_____  _WDP_  __WFC__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  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 to show award of the Purple Heart, "Machete" Bar, the Panamanian-Pana Jungle Badge, and to correct the information in item 8a (Selective Service Number) and in item 8b (Selective Service Local Board Number, City, State and Zip Code) of his DD Form 214.  


3.  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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; one silver service star and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 Rifle.




__William F. Crain_____
          CHAIRPERSON




INDEX

CASE ID
AR20060014227
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.