IN THE CASE OF:	  

	BOARD DATE:	  19 June 2008

	DOCKET NUMBER:  AR20080001824 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 December 1982 be corrected to show he entered active duty on 13 December 1977 and separated on 7 December 1981.  He requests award of the Purple Heart and, in effect, that other, unspecified awards be added to this DD Form 214.  He also requests, in effect, that item 11 (Primary Specialty Number, Title and Years and Months in Specialty) of this DD Form 214 be corrected to read 63C1O (Track Vehicle Mechanic). 

2.  In a second application, the applicant requests, in effect, that his DD Form 214 (Report of Separation from Active Duty) for the period ending 12 December 1978 be corrected to show he entered active duty on 22 March 1975 and separated on 12 December 1977.  He again requests award of the Purple Heart and, in effect, that other, unspecified awards to be added to this DD Form 214.

3.  The applicant states that he needs his DD Form(s) 214 to reflect accurate dates of service and the Purple Heart for Department of Veterans Affairs benefits.  He states that it was some time in July or August 1975 when the cargo plane landed on the tarmac north of Saigon.  He was loading body bags when he was hit by mortar.  He was hit on the left side of his face, left knee, and right leg.  He received treatment in Vietnam and subsequent knee surgery later in 

Germany.  He states, in effect, that his DD Form 214 for the period ending           7 December 1982 should show his MOS as 63C1O and not 63B1O (Light Wheeled Vehicle/Power Generation Mechanic).

4.  The applicant provides his DD Forms 214 for the period ending 12 December 1978 and the period ending 7 December 1982.

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 initial enlistment contract shows he enlisted in the U. S. Army Reserve (Delayed Entry Program) on 8 March 1976 and in the Regular Army on 23 March 1976.  He completed basic training and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 63C.

3.  Discharge orders show the applicant was honorably discharged on               12 December 1978 for the purpose of immediate reenlistment.

4.  The applicant’s DD Form 214 for the period ending 12 December 1978 shows he entered active duty that period on 23 March 1976 and was separated on       12 December 1978.  This DD Form 214 shows his MOS as 63C1O and shows he had not been awarded any awards or decorations.

5.  The applicant’s second enlistment contract shows he reenlisted in the Regular Army on 13 December 1978 for 4 years.  His reenlistment orders show he reenlisted for 4 years.

6.  Sometime between 1 March 1980 and 1 September 1981, MOS 63C was deleted from the Army inventory, and Soldiers holding that MOS were automatically reclassified into MOS 63B.  

7.  Discharge orders dated 21 September 1982 show the applicant was to be discharged effective 12 December 1982.  Discharge orders dated 30 September 1982 changed his discharge date to 7 December 1982.  

8.  The applicant’s DD Form 214 for the period ending 7 December 1982 shows he entered active duty that period on 13 December 1978 and separated on         7 December 1982.  This DD Form 214 shows his MOS as 63B1O and shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar, the Overseas Service Ribbon, the Expert Marksmanship Qualification Badge with Hand Grenade Bar, the Army Good Conduct Medal, and the Army Service Ribbon.

9.  Army Regulation 600-8-22 (Military Awards) states 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 medical personnel, and the medical treatment must have been made a matter of official record.

10.  Historical research revealed that the North Vietnamese Army overran Saigon on 30 April 1975.  The Department of Veterans Affairs booklet, “Federal Benefits for Veterans and Dependents,” states the Vietnam era ended on 7 May 1975. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s two enlistment contracts agree with the dates of entry on active duty and dates of separation as they are listed on his DD Forms 214 for the periods ending 12 December 1978 and 7 December 1982.  There is no evidence of record to support his contention that he entered active duty on        22 March 1975 or that he served in Vietnam.

2.  There is no evidence of record to show the applicant met the eligibility criteria for award of the Purple Heart or for any awards not already listed on his DD Form 214 for the period ending 7 December 1982.

3.  The applicant completed AIT in MOS 63C and was awarded MOS 63C.    That MOS is properly annotated on his DD Form 214 for the period ending        12 December 1978.  However, sometime between 1 March 1980 and                   1 September 1981 MOS 63C was deleted from the Army inventory.  Soldiers holding MOS 63C were automatically reclassified into MOS 63B.  Therefore, his DD Form 214 for the period ending 7 December 1982 properly shows he held primary MOS 63B1O.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xx____  ___xx___  ___xx___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




 _   ______xxxx_____________
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080001824





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ABCMR Record of Proceedings (cont)                                         AR20080001824



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