RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 September 2007
	DOCKET NUMBER:  AR20070006294 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Chester A. Damian

Member

Mr. Edward Montgomery

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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty), with the ending period 9 March 1970, be corrected to show two Purple Hearts, the Bronze Star Medal, and that his rank be corrected to Sergeant (SGT)/E-5.  He further requests that the absent without leave (AWOL) period be removed from his DA Form 20 (Enlisted Qualification Record) and that his DA Form 20 show he served as a translator for the Army. 

2.  The applicant states, in effect, that his records do not show he was awarded two Purple Hearts and the Bronze Star Medal.  "I was screwed by the military as I was a specialist 4th in NAM.  I was wounded twice in Viet Nam (August and October) and nowhere does it show PURPLE HEART or BRONZE STAR awards.  The promotion I apparently received in January 1969 was supposed to have been to Sgt. E-5."  

3.  He states during his hospitalization in October 1968 he was awarded the Purple Heart and the Bronze Star Medal by a general officer.  The applicant further states that on several occasions prior to serving in Vietnam he served as a translator for the Army when they needed an interpreter for Italian nationals who did not speak English and his military records do not show him as a translator.  

4.  He was reported AWOL while actually on emergency leave.  At that time his mother was facing a life threatening surgery.  He never signed in officially at Fort Hood, Texas.  Upon his arrival he was notified and released on emergency leave (mother's surgery).  He then reported to Fort Dix, New Jersey with a hospital emergency pass after attending to his family situation.

5.  The applicant provides no additional documentation in support of this application.

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.  The applicant requested correction of his records to show award of the Bronze Star Medal.  There are no orders or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal under the provisions of Section 1130, Title 10, United States Code.  He has been notified by separate correspondence of the procedures for applying for the decoration under section 1130 and, as a result, it will not be discussed further in this record of Proceedings.

3.  The applicant enlisted in the Regular Army on 26 September 1967 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  He arrived in Vietnam and was assigned to C Company, 1st Battalion, 27th Infantry on or about 24 June 1968.  On 20 October 1968, he was wounded in action while serving in Vietnam.  He departed Vietnam on or about 17 November 1968 and was assigned as a patient to Walter Reed Army Medical Hospital, Washington, D.C.  

5.  On 16 January 1969, the applicant was advanced to the rank of Specialist Four (SP4)/E-4.  There are no orders in his military records advancing him to the rank of SGT/E-5.

6.  On 17 March 1969, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for being AWOL for the period 10 March 1969 through 11 March 1969.  His punishment consisted of a forfeiture of $30.00 per month for two months.

7.  On 9 March 1970, the applicant was permanently retired by reason of physical disability in the rank of SP4 after completing 2 years, 5 months, and 10 days of creditable active service with 2 days of lost time due to AWOL.

8.  The applicant's DD Form 214 shows he was awarded the Purple Heart, the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Combat Infantryman Badge, 

the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the 
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  Item 
29 (Dates of Time Lost During this Period) shows the entry "690310-690311."

9.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart (2nd Award).  His name is not listed on the Vietnam Casualty Roster for August 1968.  

10.  Item 30 (Languages) of the applicant's DA Form 20 shows the entry "Italian", item 40 (Wounds) does not show the applicant was wounded, item 41 (Awards and Decorations) does not show award of the Purple Heart, and item 47 (Signature of Individual) shows that the applicant signed the document on
19 November 1968.  The last audit date on the DA Form 20 shows he last audited the form on 5 August 1969. 

11.  An Official Statement of Award of the Purple Heart, dated 1 April 1977, shows the applicant was entitled to the award of the Purple Heart for wounds received in action on 20 October 1968.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, awarded additional skill identifiers and language codes.  It states that the special qualification identifier (SQI) is the fifth character of the MOS code which identifies special qualifications that a Soldier may possess, such as "L" (Linguist).  Individuals who are qualified for award of an authorized SQI will be awarded the SQI by announcement in special orders in the same manner as award of an MOS.

13.  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 that, at the time of the applicant’s assignment to the 1st Battalion, 27th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 
1966 through 21 January 1970 based on Headquarters, Department of the Army General Orders Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Purple Heart (1st Award) in April 1977 after his retirement from the military for wounds sustained on 20 October 1968.  The applicant states the first time he was wounded in action was in August 1968 for award of the Purple Heart, two months prior to the above date.  However, there are no orders in the applicant's service 
personnel records that show he was awarded a second Purple Heart.  His name does not appear on the Vietnam Casualty Roster as being wounded in August 1968.  The applicant has not provided evidence or medical documentation that shows he was wounded or treated for wounds prior to 20 October 1968 as a result of hostile action.

2.  In the absence of military records which show the applicant was wounded or treated for wounds as a result of hostile action prior to 20 October 1968, there is an insufficient basis for award of a second Purple Heart in this case.

3.  The applicant was assigned to a unit during a period of time the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  This award should be added to his DD Form 214.

4.  There is no evidence of record to show the applicant was promoted to
SGT/E-5.

5.  The applicant contends that the AWOL period 10 March 1969 through 
11 March 1969 on his DD Form 214 should be removed.  However, evidence of records shows that he accepted an Article 15 for the AWOL period.  Therefore, the AWOL period in his records appears to be correct.  

6.  The applicant contents that military records should show that he served as a translator for the Army.  Evidence of record shows that he spoke Italian and he may have been used as an interpreter while serving in the military.  However, there is nothing in his records that show he requested to be awarded an SQI to his MOS for being proficient in a foreign language or that orders were issued to officially award him SQI "L."

7.  Evidence shows that the applicant’s records contain an 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 FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RTD__  __CAD __  __EM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to add award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214 with the period ending 9 March 1970.




___Richard T. Dunbar__
          CHAIRPERSON




INDEX

CASE ID
AR20070006294
SUFFIX

RECON

DATE BOARDED
27 SEPTEMBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
107.0014.0000
2.
107.0015.0000
3.
112.0200.0000
4.

5.

6.