IN THE CASE OF:	 

	BOARD DATE:	 

	DOCKET NUMBER:  AR20080005738 


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 the Airborne Course and the already-awarded Purple Heart and the Bronze Star Medal, with “V” Device, be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that these awards and the Airborne Course were omitted from his DD Form 214 when he was released from active duty.

3.  He adds that he truly believes the omissions from his record were simple matters of oversight and without any unjust intent.  The omissions were discovered when he inspected a copy of his DD Form 214.  He never questioned its accuracy. His desire is that the Board not necessarily rule in the interest of justice but he would rather that the Board would rule to correct simple mistakes and confirm his honorable, loyal, and devoted service to our country beyond the call of duty.

4.  In support of his request, the applicant provides a copy of his DD Form 214, a copy of orders transferring him to the Reserve to complete him military service obligation, a photograph of what he purports to be the awards he earned while he served in Vietnam, a collection of eight photographs of himself taken while he served on active duty, and a copy of a newspaper article about his having been awarded the Bronze Star Medal, with “V” Device. 

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 enlisted in the Regular Army on 16 January 1968.  He completed basic combat training at Fort Polk, Louisiana, and his advanced individual training at Fort Rucker, Alabama.  After completing all required training, he was awarded the military occupational specialty (MOS), 67A (Aircraft Maintenance Crewman).  The applicant was reclassified to MOS 67N (Single Rotor Turbine Helicopter Repairman), the MOS he held on his release from active duty, on 5 July 1968, 

3.  The applicant served in Vietnam from 2 August 1969 through 20 August 1970, with D Troop, 1st Squadron, 9th Cavalry, 1st Cavalry Division.

4.  The applicant was honorably released from active duty, on 21 August 1970, under the provisions of Army Regulation (AR) 635-200, as an early release of overseas returnee, in the rank and pay grade of Staff Sergeant, E-6.  On the date he was released from active duty, he had completed 2 years, 7 months, and 6 days active military service.

5.  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 Bronze Star Medal; the Air Medal, the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  The Bronze Star Medal, with “V” Device, and the Purple Heart are not shown among the applicant’s authorized awards.  The Parachutist Badge and earned marksmanship qualification badges are also not shown among his authorized awards.

6.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle], by Special Orders Number 057, Paragraph 249, published by Headquarters, US Army Training Center, Infantry and Fort Polk, Louisiana, on 5 March 1968.  This marksmanship qualification badge is not shown on the applicant's DD Form 214.

7.  The applicant volunteered for and successfully completed Basic Airborne Training and was awarded the Parachutist Badge on 16 August 1968.  This special qualification badge is not shown on the applicant's DD Form 214 and Item 25 (Education and Training Courses Completed), also does not show the applicant successfully completed this special qualification course.

8.  The applicant was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber pistol), by Special Orders Number 7, Paragraph 22, published by Headquarters, 8th Infantry Division, on 7 January 1969.  This marksmanship qualification badge is not shown on the applicant's DD Form 214.

9.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, to show he received a wound in action against a hostile force.

10.  There is no entry in Item 41 (Awards and Decorations), of the applicant’s DA Form 20, showing that the applicant was awarded the Purple Heart.  The Bronze Star Medal, with “V” Device, is shown in Item 41.

11.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.

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

13.  The applicant submitted a series of four photographs of a Soldier he claims to be of himself wearing a patch over his right eye.  The caption entered states, "Wounded during rescue operations."  No further details, nor corroborating evidence, were submitted by the applicant for the Board's information and/or action.

14.  The applicant's Standard Form 88, Report of Medical Examination, which was prepared in conjunction with his separation physical examination, on his return from Vietnam, is on file in the applicant's service personnel record.  At the time of his separation physical examination, the applicant made no mention of 

any injury or wound he may have sustained while he served in Vietnam.  No indication he received medical treatment while he was in Vietnam was made a matter of record on the Standard Form 88.

15.  The applicant was awarded the Bronze Star Medal, with "V" Device, for heroism in connection with military operations against a hostile force, on 8 November 1969, by General Orders Number 14334, published by Headquarters, 1st Cavalry Division (Airmobile), on 15 November 1969.  The newspaper article contains the same description as that contained in the orders which were published awarding him the Bronze Star Medal, with "V" Device.

16.  The applicant was awarded the Bronze Star Medal, for meritorious service in connection with military operations against a hostile force, for the period August 1969 to August 1970, by General Orders Number 9868, published by Headquarters, 1st Cavalry Division (Airmobile).  This award should have correctly been identified as the Bronze Star Medal, with “V” Device, and with oak leaf cluster.

17.  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.

18.  While in Vietnam, the applicant participated in the following four 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; the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.

19.  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 the unit the applicant was assigned to was awarded the Valorous Unit Award, for the period 1 October through 31 October 1969, by Department of the Army General Orders Number 32, dated 1973; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 21 February 1970 through 28 February 1971, by DAGO Number 42, dated 1972.

20.  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 by medical personnel, and the medical treatment must have been made a matter of official record.

21.  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.

22.  AR 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding award of certain decorations, among which is the Bronze Star Medal.

23.  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.

24.  AR 635-5 prescribes policies and procedures regarding separation documents and entries, which are to be made in Item 25 (Education and Training Completed), of the DD Form 214.  The instructions are as follows: "From the Enlisted Qualification Record/Officer Qualification Record, list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Bronze Star Medal, with "V" Device, for heroism, and the Bronze Star Medal, for meritorious service, while he served in Vietnam.  Only the Bronze Star Medal, without appurtenances, is shown on the applicant's DD Form 214.  In view of the evidence, the applicant's DD Form 214 should be corrected to show he was awarded the Bronze Star Medal, with "V" Device, and with oak leaf cluster, while he served in Vietnam.

2.  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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  There is no evidence in the applicant's service record to show he was awarded the Purple Heart while he served in Vietnam and the applicant provided none, other than a series of four photographs in which he is wearing a patch over his right eye.  In his request, the applicant provided neither a description of his alleged wound(s) or corroborating documentary evidence that the injury to his right eye resulted from an engagement with a hostile enemy.

4.  A search of the Vietnam Casualty List failed to reveal the applicant's name.

5.  Based on all the available evidence, the applicant is neither entitled to award of the Purple Heart and/or to have the Purple Heart added to his DD Form 214.

6.  The evidence shows the applicant participated in four campaigns during his tour of duty in Vietnam.  He is therefore entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these stars shown on his DD Form 214.

7.  The applicant served in a unit which was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  He is therefore entitled to these unit awards and to have them added to his DD Form 214 at this time.

8.  The applicant volunteered for and successfully completed Basic Airborne Training and was awarded the Parachutist Badge.  Neither the training nor the Parachutist Badge is shown on the applicant's DD Form 214.  He is entitled to have this training and the Parachutist Badge added to his DD Form 214.

9.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar, and the Expert Marksmanship Qualification Badge, with Pistol Bar. He is therefore entitled to have these marksmanship qualification badges added to his DD Form 214.

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.  deleting the Bronze Star Medal from the applicant's DD Form 214;

	b.  adding the already-awarded Bronze Star Medal, with "V" Device, and with oak leaf cluster, to the applicant's DD Form 214;

      c.  awarding the applicant four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, to denote his participation in four campaigns while he served in Vietnam, and to be shown on his DD Form 214 as the Vietnam Service Medal, with four bronze service stars; 
      
      d.  showing award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these unit awards to his DD Form 214;
      
      e.  awarding the applicant the Parachutist Badge and showing this award on his DD Form 214;

	f.  adding the already-awarded Expert Marksmanship Qualification Badge with Rifle and with Pistol Bar to the applicant’s DD Form 214; and 

	g.  adding the entry:  “Basic Airborne Course, USAIS / 2 weeks / 1968” to Item 25 of the applicant’s DD Form 214.

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 the award of and/or the addition of the Purple Heart to the applicant's DD Form 214.



      __________X_____________
      	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)                                         AR20080005738



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ABCMR Record of Proceedings (cont)                                         AR20080005738



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