IN THE CASE OF:	  

	BOARD DATE:	  16 September 2008

	DOCKET NUMBER:  AR20080005923


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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart, completion of the Advanced Marksmanship Training Course, and his military occupational specialty (MOS) as 13B (Field Artillery Crewman).

2.  The applicant states that the errors were discovered when filing for Department of Veterans Affairs (VA) benefits.

3.  The applicant provides a copy of his DD Form 214, VA Rating Decision, and Certificate of Training for a 2-week course in Advanced Marksmanship Training. 

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.  On 6 March 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded MOS 
13B1O (Field Artillery Basic).

3.  Special Orders Number 102, United States Army Training Center, Fort Bliss, Texas, dated 26 April 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Special Orders Number 159, United States Army Training Center, Fort Sill, Oklahoma, dated 2 July 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  On 24 July 1968, the applicant was assigned for duty with the 1st Battalion, 29th Artillery Regiment, 5th Infantry Division, at Fort Carson, Colorado.

6.  On 21 September 1968, the applicant completed a 2-week training course in Advanced Marksmanship.

7.  On 28 February 1969, the applicant was assigned for duty as a cannoneer with the 7th Battalion, 9th Artillery Regiment, in the Republic of Vietnam.

8.  On 7 August 1969, the applicant was reassigned within his unit for duty as an assistant gunner.

9.  On 28 September 1969, the applicant was promoted to the rank of specialist four, pay grade E-4.  His MOS was changed to 13B2O (Field Artillery Crewman).

10.  On 22 February 1970, the applicant returned to the United States.

11.  On 24 February 1970, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He had completed 1 year, 11 months, and 19 days of creditable active duty service.

12.  Item 23a (Specialty Number and Title) of the applicant’s DD Form 214 shows his MOS as 13B2O, Cannoner.  

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.  It does not show award of the Purple Heart.
14.  Item 25 (Education and Training Completed) of the applicant’s DD Form 214 shows that he completed the “RADIO TELE OPER CRSE 13A1O Ft SILL 8WKS 68.”  It does not show completion of the Advanced Marksmanship Training Course.

15.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank.  Item 41 (Awards and Decorations) of this same form does not show award of the Purple Heart.

16.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded a Purple Heart.

17.  The applicant’s name is not listed on the Vietnam Casualty Roster.

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

19.  The VA Rating Decision, dated 26 February 2008, provided by the applicant, states that when examined by the VA doctor, the applicant complained of a scar on his right acromioclavicular [area between the shoulder and collar bone] from a phosphorus grenade.  The doctor diagnosed a scar that measured 1.5 centimeters and was deep into the muscle.  He opined that this lesion was sustained while on active duty.  There is no evidence of when, where, or under what circumstances this injury had occurred.  The applicant’s service medical records are not available for review. 

20.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

21.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive, 1969; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  


22.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 7th Battalion, 9th Field Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 42, dated 1972, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 51, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  There are no available general orders showing the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster. The applicant has not provided any documentation showing when, where, or how he sustained a wound as a direct result of enemy action.  Therefore, his request for award of the Purple Heart should be denied.

2.  The evidence of record clearly shows that at the applicant was awarded MOS 13B2O, Field Artillery Crewman.  Therefore, the record copy of his DD Form 214 should be corrected to show this MOS title.

3.  The evidence of record clearly shows that he completed the Field Artillery Basic Course.  There is no evidence showing that he was trained as a radio teletype operator.  Therefore, his records should be corrected to show his actual training.

4.  The evidence of record and the certificate provided by the applicant shows that he completed the 2-week Advanced Marksmanship Training Course. Therefore, his records should be corrected to show this training.

5.  Records show that the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.   

7.  Records show the applicant qualified as an expert with his M-14 rifle.  Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.
8.  Records show the applicant qualified as a sharpshooter with his M-16 rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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.  showing in Item 23a (Specialty Number and Title) of his DD Form 214 the entry 13B2O, Field Artillery Crewman;

	b.  showing that, in addition to the awards shown in Item 24 of his DD Form 214, his authorized awards include four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	c.  deleting in Item 25 (Education and Training Completed) of his DD Form 214 the entry RADIO TELE OPER CRSE 13A1O Ft Sill 8 Wks 68; and

	d.  adding in Item 25 of his DD Form 214 the entry Field Artillery Basic Course 13A1O Ft Sill 8 Wks 1968; and Advanced Marksmanship Training Course, Ft Carson, 2 Wks, 1968.




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 award of the Purple Heart.



	__________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080005923



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