RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 March 2008
	DOCKET NUMBER:  AR20070014921 


	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.


x
	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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 20 September 1947; to show award of the “Iron Curtain Medal” (correctly known as the Cold War Recognition Certificate), the Driver Badge, and the Purple Heart; to show he served 3 years in Stuttgart, Germany, 9 months in Berlin, Germany, and 4 months in Vietnam for a total of 4 years and 1 month of foreign service; and in effect, that he be paid a $10,000.00 reenlistment bonus.  

2.  The applicant states that he handled explosives with no training at all.  He alleges that the Army is responsible for his injury since he was placed in the position of doing demolition work with no training.  

3.  The applicant provides his DD Form 24 for the period ending 6 April 1966 and his DD Form 214 for the period ending 24 January 1969.  

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 has requested, in effect, the Cold War Recognition Certificate.  The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to the Commander, U.S. Army Human Resources 


Command, Cold War Recognition, Hoffman II, ATTN: AHRC-CWRS, 3N45, 
200 Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed further in this Record of Proceedings.

3.  The applicant’s Report of Medical Examination, dated 22 September 1964, shows his date of birth as 20 September 1947.  He completed a Statement of Personal History which shows his date of birth as 20 September 1947.  

4.  On 21 September 1964, the applicant’s mother completed a DD Form 373 (Consent, Declaration of Parent or Legal Guardian (For the enlistment of a minor in the U.S. Armed Forces)) which shows his date of birth as 20 September 1947. This document indicates his date of birth was verified by his birth certificate.  

5.  He enlisted in the Regular Army on 22 September 1964 at the age of 17 years old.  His DD Form 4 (Enlistment Record-Armed Forces of the United States) shows his date of birth as 20 September 1946.  

6.  Item 31 (Foreign Service) on his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Germany on 30 March 1965.

7.  The applicant completed a DA Form 3054 (Elections of Amount, Beneficiary Designation and Settlement Options for Servicemen’s Group Life Insurance (SGLI)), dated 24 February 1966, which shows he was insured for $10,000.00.

8.  The applicant was discharged on 6 April 1966 for the purpose of immediate reenlistment.  His DD Form 214 for the period ending 6 April 1966 shows his date of birth as 20 September 1946.

9.  His DD Form 214 for the period ending 6 April 1966 does not show he received any authorized awards during this period.  

10.  His DD Form 214 for the period ending 6 April 1966 shows he completed 1 year and 7 days of foreign service.

11.  Item 32 on his DD Form 214 for the period ending 6 April 1966 shows the entry “SGLI $10,000.”  

12.  His DD Form 214 for the period ending 6 April 1966 shows he was entitled to a reenlistment bonus.  The amount of the bonus was not indicated.  

13.  While assigned in Germany, the applicant reenlisted on 7 April 1966 for a period of three years.  His reenlistment contract shows his date of birth as 20 September 1946.

14.  The applicant’s DA Form 20 shows he departed Germany on 9 March 1967. He completed a period of 11 months and 3 days of foreign service in Germany during this tour.  His DA Form 20 shows he was assigned to Fort McClellan, Alabama in July 1967 as a senior heavy vehicle driver.  

15.  His DA Form 20 shows he was reassigned to Germany on 21 February 1968 and departed on 2 July 1968.  He completed a period of 4 months and 12 days of foreign service in Germany during this tour.  

16.  The applicant’s DA Form 20 shows he was assigned to Vietnam on 13 August 1968 with Company D, 4th Engineer Battalion, 4th Infantry Division as a heavy truck driver.  He departed Vietnam on 11 December 1968.  He completed a period of 3 months and 29 days of foreign service in Vietnam.  

17.  The applicant was credited with participation in the Vietnam Counteroffensive Phase V Campaign and the Vietnam Counteroffensive Phase VI Campaign.  

18.  There are no orders in the applicant's personnel records which show he was awarded the Purple Heart.  His DA Form 20 does not list any wounds as a result of hostile action in item 40 (Wounds).  His name is not included on the Vietnam Casualty Roster.  

19.  The applicant’s personnel records contain a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 26 December 1968, which shows the applicant was admitted to the 71st Evacuation Hospital for fragment wounds to his abdomen, both legs, and right arm.  The document indicates the applicant was experimenting with some hand flares pyrotechnics on 8 December 1968 with two other enlisted men at the company firebase of Company A, 2nd Battalion, 8th Infantry.  The enlisted men removed the flare elements from the devices and substituted a small amount of C4 explosive.  The First Sergeant of Company A asked him to fire one of the devices and it exploded in the applicant’s hand.  The applicant suffered fragmentation wounds as a result of the explosion of the flares. 

20.  Item 41 (Awards and Decorations) on his DA Form 20 lists award of the Expert Marksmanship Qualification Badge with Rifle Bar, the National Defense Service Medal, the Army of Occupation Medal for Berlin, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  

21.  On 21 January 1969, the applicant completed a Separation Data form in which he indicated he was being insured by SGLI for the sum of $10,000.00.

22.  The applicant’s personnel records contain a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 24 January 1969, which shows he sustained multiple open wounds to his right shoulder, chest abdomen, and right leg with no artery or nerve involvement.  This document shows the applicant was standing next to a First Sergeant when he set off a flare on 8 December 1968 in Vietnam.  

23.  The applicant was released from active duty on 24 January 1969 while in the Medical Holding Detachment, U.S. Army Hospital at Fort Campbell, Kentucky.  

24.  His DD Form 214 for the period ending 24 January 1969 shows his date of birth as 20 September 1946 in item 9 (Date of Birth).

25.  His DD Form 214 for the period ending 24 January 1969 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  The Army of Occupation Medal with Berlin Clasp is not shown as an authorized award.  

26.  His DD Form 214 for the period ending 24 January 1969 shows he completed 1 year, 7 months, and 20 days of foreign service.  

27.  Item 30 (Remarks) on his DD Form 214 for the period ending 24 January 1969 shows the entry “Last paid reenlistment - 1st reenlistment Total amount of bonus received on or subsequent to 1 Oct 1949.  Unknown.”

28.  A DD Form 261 (Report of Investigation), dated 11 February 1969, shows he sustained fragment wounds in abdomen, both legs, and right arm.  In the Remarks section, the investigating officer indicated the applicant was negligent in making alterations to hand flares that resulted in the injury to him and two other enlisted men.  The investigating officer indicated that these modifications were in no way related to the performance of his mission and were done as an experiment that violated all common sense safety practices.  

29.  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 4th Engineer Battalion, 4th Infantry Division, this unit was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 52, dated 1971.

30.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

31.  Army Regulation 600-8-22 provides, in pertinent part for award of the Driver and Mechanic Badge.  To receive the 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 8,000 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.

32.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  The Army of Occupation Medal with Germany Clasp is authorized for service in the Army of Occupation of Berlin between 9 May 1945 and 2 October 1990.  

33.  Army Regulation 600-8-22, 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.  

34.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered by the DD Form 214 will be entered in item 22c.  The regulation also states that the amount of foreign service will be taken from the Soldier’s Enlisted Qualification Record or, if necessary, verified from the Soldier’s Military Personnel Records Jacket.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s parental consent for enlistment in the Regular Army shows his date of birth as 20 September 1947 and his date of birth was verified by his birth certificate.  Although there are various documents in his personnel records which indicate his date of birth as 20 September 1946, it appears that a clerical error may have occurred in this case.  Therefore, it would be appropriate to amend his DD Form 214 for the period ending 6 April 1966 and his DD Form 214 for the period ending 24 January 1969 to show his date of birth as 20 September 1947.

2.  Although the applicant’s Enlisted Qualification Record shows he performed duties as a senior heavy vehicle driver and a heavy truck driver, there is no evidence of record which indicates he performed satisfactorily for a minimum of one year as an active qualified driver instructor or motor vehicle driver examiner. Therefore, he has not met all the requirements for award of the Driver Badge.

3.  There are no orders which authorize award of the Purple Heart to the applicant.  His name is not listed on the Vietnam Casualty Roster.  

4.  The applicant's Statement of Medical Examination shows he suffered fragment wounds to his abdomen, both legs, and right arm due to an explosion of flares.  However, there is no evidence of record which indicates the applicant sustained wounds as a result of hostile action.  Therefore, he has not met the requirements for award of the Purple Heart.  

5.  The applicant’s Enlisted Qualification Record shows he initially served in Germany from 30 March 1965 through 9 March 1967.  He served 1 year and 7 days in Germany during his first enlistment and it is properly reflected on his DD Form 214 for the period ending 6 April 1966.  

6.  The evidence of record shows the applicant completed the remainder of his tour in Germany on 9 March 1967 (a period of 11 months and 3 days) during his period of reenlistment and it is properly included in his foreign service in item 22c on his DD Form 214 for the period ending 24 January 1969.  

7.  The applicant has met the eligibility requirements for award of the Army of Occupation Medal with Germany Clasp.

8.  The applicant’s Enlisted Qualification Record shows he served in Germany from 21 February 1968 to 2 July 1968 (a period of 4 months and 12 days) and in Vietnam from 13 August 1968 to 11 December 1968 (a period of 3 months and 29 days) and these periods of foreign service are properly included in the foreign service in item 22c on his DD Form 214 for the period ending 24 January 1969.  Therefore, there is no basis for amending his foreign service on his DD Form 214 for the period ending 24 January 1969.

9.  The applicant’s request for a $10,000.00 reenlistment bonus is noted.  However, his DD Form 214 for the period ending 24 January 1969 shows he received a bonus for an unknown amount.  The evidence of record shows he was 
insured for $10,000.00 under SGLI.  It appears that the applicant’s request may be referring to his SGLI coverage in the amount of $10,000.00.  Therefore, there is insufficient evidence on which to grant this portion of the applicant’s request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x_____ x_____  x______  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending item 6 on his DD Form 214 for the period ending 6 April 1966 to show his date of birth as “20 September 1947”; 

	b.  amending item 9 on his DD Form 214 for the period ending 24 January 1969 to show his date of birth as “20 September 1947”; and

	c.  adding the Army of Occupation Medal with Germany Clasp to his DD Form 214 for the period ending 24 January 1969.

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 award of the Driver Badge and the Purple Heart; showing he served a total of 4 years and 1 month of foreign service in Germany and Vietnam; and paying him a $10,000.00 reenlistment bonus.




	x______
          		CHAIRPERSON




INDEX

CASE ID
AR20070014921
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080304
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
100.0000
2.
107.0000
3.

4.

5.

6.