RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	3 April 2008  
	DOCKET NUMBER:  AR20070018671 


	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.


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	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 he be awarded the Purple Heart and that it be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.  Additionally, the applicant states, in effect, he should have been awarded the Bronze Star Medal, the Army Commendation Medal, the Air Assault Badge, and a second overseas service bar because he spent 7 months and 21 days in Vietnam.

2.  The applicant states, in effect, that he was severely burned while he was in Cambodia.  He adds that he served in the Reserve from January 1971 to 25 January 1974 and he would like to have his Reserve medals added to his DD Form 214.

3.  In support of his request, the applicant submits a copy of his DD Form 214, a copy of the VA Form 21-526e, Veterans Administration, Veteran's Application for Compensation or Pension at Separation from Service, he submitted to the Veteran's Administration; a copy of a VA Form 21-6796, Rating Decision, with a date of rating of 17 February 1971; a copy of a Standard Form (SF) 513, Consultation Sheet, dated 25 September 1970; a copy of a SF 600, Chronological Record of Medical Care, with an entry dated, 5 October 1971; and a copy of a SF 600, with an entry dated, 2 October 1970; and a copy of his DA Form 66, Officer Qualification Record.

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’s records show he was commissioned in the Infantry Branch from the Reserve Officer Training Program, on 7 June 1968.  The applicant entered active duty on 25 January 1969.

3.  The applicant served in Vietnam from 22 October 1969 through 13 June 1970, with Company A, 5th Battalion, 7th Cavalry, 1st Cavalry Division.  The applicant served in Vietnam for a period of 7 months and 22 days.

4.  The applicant was honorably released from active duty, on 24 January 1971, under the provisions of Army Regulation (AR) 635-100.  His DD Form 214 was annotated with a SPN (Separation Program Number) 612 to show he was voluntarily released from active duty at the expiration of his active duty commitment, involuntarily serving on active duty.

5.  The applicant was released from active duty in the rank and pay grade, First Lieutenant, O-2.  On the date he was released from active duty, the applicant had completed 2 years active military service and 7 months and 18 days other service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the National Defense Service Medal; the Vietnam Service Medal; the Combat Infantryman Badge; the Air Medal; the Republic of Vietnam Campaign Medal, with '60 Device; and one overseas service bar.  The Purple Heart, the Bronze Star Medal,  the Army Commendation Medal, the Air Assault Badge, and a second overseas service bar are not shown on the applicant's DD Form 214.

7.  There is no entry in Item 10 (Assignment Limitations), of the applicant's DA Form 66, to show the burns he sustained were sustained as a result of action against a hostile force.

8.  There is no entry in Item 21 (Awards and Decorations), of the DA Form 66, showing the applicant was awarded the Purple Heart, the Bronze Star Medal,  the Army Commendation Medal, the Air Assault Badge, and a second overseas service bar.

9.  There are no orders in the applicant's military personnel records awarding him the Purple Heart, the Bronze Star Medal the Army Commendation Medal, and the Air Assault Badge.

10.  A search of the ADCARS (Awards and Decorations Computer-assisted Retrieval System) failed to reveal evidence the applicant was awarded the Bronze Star Medal and the Army Commendation Medal while he served in Vietnam.

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

12.  VA records indicate the applicant sustained a burn to his left arm in 1970.  The medical treatment records and those prepared by the VA in response to a claim submitted to that agency by the applicant were reviewed for an indication the burns were sustained while he was engaged with, or were a result of action by, a hostile enemy.  None of the documents reviewed have a statement from medical authority indicating the burns resulted from an action by a hostile enemy.

13.  In the absence of a proper award authority for the Bronze Star Medal, and the Army Commendation Medal, the applicant may request award of these awards under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for these awards under Section 1130 and, as a result, these awards will not be discussed further in this Record of Proceedings.

14.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

15.  While in Vietnam, the applicant participated in the following three campaigns of the Vietnam War:  the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; and the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970. 

16.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 21 February 1970 through 28 February 1971, by DAGO 42, dated 1972; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 1 January 1969 through 1 February 1970, by DAGO 42, dated 1972; and the Valorous Unit Award for the period 1 May through 29 June 1970 by DAGO 43, dated 1972.

17.  AR 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

18.  AR 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 101st Airborne Division (Air Assault) after 1 April 1974.

19.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

20.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

21.  AR 670-1, in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the US Army outside of the limits of the United States.  One overseas service bar is authorized for each six-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

22.  The applicant's records show he was a member of the Reserve after he was released from active duty.  The applicant indicated in his request to the Board he would like to have his Reserve medals added to his DD Form 214, with an effective date of his release from active duty of 24 January 1971.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  The evidence provided by the applicant shows he was severely burned, allegedly in Cambodia, while he was stationed in Vietnam; however, none of the medical documents indicates that the burns were incurred by the applicant as a result of action by a hostile enemy.

3.  Based on the evidence in this case, the applicant is not entitled to award of the Purple Heart and to have it added to his DD Form 214.

4.  The applicant served in three campaigns while he served in Vietnam.  He is therefore entitled to award of three bronze service stars to be affixed to his already awarded Vietnam Service Medal and to have these stars shown on his DD Form 214.

5.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Valorous Unit Award, while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214 at this time.

6.  The applicant served in Vietnam for a period of over 7 months.  He was awarded one overseas service bar and this bar is shown on his DD Form 214.  To be eligible for award of a second overseas service bar, the applicant would have had to serve in Vietnam for a total of 12 months or more.  He is therefore not entitled to award of a second overseas service bar and to have it added to his DD Form 214.

7.  There is no evidence the applicant completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or that he completed the standard Air Assault Course while assigned or attached to 101st Airborne Division (Air Assault) after 1 April 1974.  He is therefore not entitled to award of the Air Assault Badge and to have it added to his DD Form 214.

8.  The evidence does show the applicant continued to serve in the Reserve after his release from active duty; however, there is no evidence the applicant returned to and served on active duty for a sufficiently long period of time that would require the preparation and distribution of a DD Form 214 after he was released from active duty.  After a Soldier's release from active duty, the DD Form 214 does not serve as a living document and is not updated as changes occur in one’s career.  The applicant is therefore not entitled to have his DD Form 214, updated to show those Reserve awards he earned after his release from active duty on 24 January 1971.

9.  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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x_  __x____  _x_____  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 to award him the Purple Heart, the Air Assault Badge, and a second overseas service bar and to add these awards to his DD Form 214.

2.  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 to show he was awarded:

	a.  three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to show these stars on his DD Form 214; and

	b.  the Valorous Unit Award; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and to have these unit awards added to his DD Form 214.




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          CHAIRPERSON