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ARMY | BCMR | CY2008 | 20080006120
Original file (20080006120.txt) Auto-classification: Approved

	IN THE CASE OF:	  

	BOARD DATE:	  26 June 2008

	DOCKET NUMBER:  AR20080006120 


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 that his DD Form 214 be corrected to reflect his assignment to a Pathfinder Unit in Vietnam, his pathfinder training, his award of the Pathfinder Badge, and that he be awarded the Purple Heart, the Bronze Star Medal (BSM), the Combat Infantryman Badge (CIB), and the Republic of Vietnam Cross of Gallantry.  

2.  The applicant states that upon completion of jump school he went into training as a Pathfinder and after completing that training he was assigned to the 101st Airborne Division Pathfinder Unit, stationed in I Corps, South Vietnam.  However, his DD Form 214 does not reflect his assignment to a Pathfinder unit in Vietnam, his Pathfinder training, or his award of the Pathfinder Badge.  He goes on to state that in February 1970, while performing his duties as a Pathfinder on a fire base, the fire base was hit by the enemy and several men got killed or injured and he was responsible for incoming air traffic.  At one point he was left on the helicopter pad with one doctor and nine injured men about 200 feet from the compound gate and he was the only one there to protect them while he was bringing in a helicopter to medically evacuate them.  He continues by stating that he was later informed that he was being recommended for award of the BSM; however, he never received it.  He also states that on 18 February 1970, while on the same firebase, he was doing an extraction when they started receiving mortar and small arms fire and upon pulling the pin on a smoke canister, it went off in his hand because it had been booby-trapped and he should have received the award of the Purple Heart for that action.  He further states that he also should have been awarded the CIB and the Republic of Vietnam Cross of Gallantry.   

3.  The applicant provides a one-page explanation of his application and two pages of an article pertaining to Mines and Booby Traps in Vietnam and addresses an incident in which a smoke grenade had been altered to explode. 

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 enlisted in Los Angeles, California on 13 March 1969 for a period of 3 years under the airborne training option.  He completed his basic training at Fort Ord, California and his advanced individual training (AIT) as a light weapons infantryman at Fort Gordon, Georgia.  Upon completion of his AIT he was transferred to Fort Benning, Georgia where he completed 3 weeks of airborne training and 3 weeks of Pathfinder training.  He was awarded both the Parachutist and Pathfinder Badges at Fort Benning.

3.  On 8 November 1969, the applicant was transferred to Vietnam and was assigned to Headquarters and Headquarters Company, 101st Aviation Group, 101st Airborne Division for duty as a Pathfinder.

4.  On 18 February 1970 at 1330 hours, the applicant sustained injuries that consisted of an amputation of his right thumb and multiple lacerations of both hands when he popped a smoke grenade and it blew up in his hand at Firebase Rifle.  He was evacuated to the 85th Evacuation Hospital initially and then to the 106th General Hospital in Yokohama, Japan for further treatment.  He was subsequently transferred to the Medical Holding Detachment at Fort McArthur, California.  He was advanced to the pay grade of E-4 on 1 June 1970.

5.  On 7 August 1970, a Physical Evaluation Board (PEB) was convened at San Francisco, California which determined that the applicant was unfit because of physical disability to perform the duties of his office, rank, or grade due to injury of the intrinsic muscles of his hand.  The PEB determined that he should be separated from the service with a 10% disability rating and severance pay.
6.  Accordingly, he was honorably discharged on 16 November 1970 under the provisions of Army Regulation 635-40 by reason of physical disability with severance pay.  He had served 1 year, 8 months, and 4 days of total active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, and the Unnamed Campaign Medal which equates to one bronze service star for wear on his VSM.  His DD Form 214 also reflects his last unit of assignment as the 101st Aviation Group, 101st Airborne Division in Vietnam.

7.  A review of the applicant’s records shows that the applicant made multiple inquiries through his congressional representative claiming that he had been recommended for award of the Congressional Medal of Honor, the Silver Star and the Purple Heart.  In each of these instances it was determined by the Chief, Military Awards Branch, Total Army Personnel Command, that there was no record of any of those awards being recommended or approved.  In regards to the award of the Purple Heart, in which no recommendation is required, it was determined that all casualty and medical records available indicated that the applicant was injured in an unfortunate accident when a smoke grenade exploded in his hand and under those circumstances, he was not entitled to award of the Purple Heart.  The applicant’s congressional representative was advised that if the applicant could obtain evidence to support his assertion that the smoke grenade was booby-trapped by the enemy, he could apply to this Board to have his records corrected.  However, his records were corrected on 25 April 1989 to show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

8.  The applicant’s records were corrected on 25 April 1989 to reflect the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Accordingly, this issue will not be discussed further in this proceeding.

9.  A search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era failed to show any additional awards for the applicant.

10.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides in pertinent part, that no combat arms courses will be entered on the DD Form 214 under education and training completed (block 25).

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and enlisted Soldiers who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.

12.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.
        
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his award of the Pathfinder Badge should be reflected on his DD Form 214 has been noted and found to have merit.  The applicant was awarded the Pathfinder Badge at Fort Benning, Georgia just prior to being transferred to Vietnam.  Accordingly, it should be added to his DD Form 214 at this time.     

2.  The applicant’s contention that his Pathfinder training should be added to his DD Form 214 has been noted and found to lack merit.  Pathfinder training is considered a combat arms related course and in accordance with the applicable regulation it is not authorized to be entered on the DD Form 214.  

3.  The applicant’s contention that the grenade that exploded in his hand was the result of the grenade being booby-trapped by the enemy and thus qualifies him for award of the Purple Heart has been noted and found to lack merit.  While the possibility does exist that the grenade was booby-trapped, there is insufficient evidence to establish that such was the case, especially since a determination was made at the time, 38+ years ago, that it was an unfortunate accident.  Therefore, absent sufficient evidence to show that a determination was made that the grenade was altered by the enemy, there appears to be no basis to award him the Purple Heart.

4.  The applicant’s contention that he is entitled to award of the CIB has also been noted and found to lack merit.  While the applicant did possess an infantry military occupational specialty, he was assigned to an aviation company in Vietnam, and there is no evidence in the available records to show that he was ever assigned to an infantry unit or that he actively engaged the enemy in the capacity of an infantryman assigned to an infantry unit.  Accordingly, there appears to be no basis to award him the CIB at this time.

5.  The applicant’s contention that his DD Form 214 should be corrected to reflect his assignment to a Pathfinder Unit has been noted and found to lack merit.  The applicant was only assigned to one unit in Vietnam and it is properly reflected on his DD Form 214.

6.  While the available evidence is insufficient for awarding the applicant a BSM, this in no way affects the applicant’s right to pursue his claim for the BSM by submitting a request through his Member of Congress under the provisions of 10 USC 1130.       

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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 showing that he was awarded the Pathfinder Badge. 

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 awards of the Purple Heart, the CIB, the entry of Pathfinder Training, and the reflection of assignment to a Pathfinder unit on his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___        XXX                ___
                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)                                         AR20080006120



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ABCMR Record of Proceedings (cont)                                         AR20080006120



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