IN THE CASE OF:	  

		BOARD DATE:	       3 September 2008

		DOCKET NUMBER:  AR20080009871


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 Purple Heart, his “airborne wings” (i.e., the Parachutist Badge), and all other awards to which he is entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he received the Purple Heart in Vietnam for injuries he received by small arms fire around March 1967.  His records were lost and had to be rebuilt.  He receives Department of Veterans Affairs (VA) disability on his right shoulder and left arm.

3.  The applicant provides a letter, dated 14 April 2004, from the Disabled American Veterans.

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 the Regular Army on 29 April 1965.

3.  The applicant volunteered for Special Forces training.  He completed basic airborne training on or about 28 September 1965.

4.  On 8 October 1965, the applicant voluntarily terminated his Special Forces training and voluntarily terminated his airborne status.  He understood that voluntary termination of airborne status permanently disqualified him from further airborne duty.  On 11 October 1965, his request for voluntary termination was approved.

5.  The applicant arrived in Vietnam and was assigned to Battery B, 29th Artillery, 1st Cavalry Division, on or about 16 March 1966.  On or about 6 May 1966, he was medically evacuated from Vietnam.

6.  On 19 October 1966, the applicant was given a permanent physical profile for an injury to his right shoulder.

7.  The applicant’s service medical records are not available.

8.  In February 1968, the applicant’s right shoulder was evaluated in connection with his release from active duty physical examination.  The Orthopedic Clinic noted that the applicant sustained an injury to his right shoulder about 6 May 1966 while in Vietnam.  At the same time, he sustained a fracture of his left wrist. Because of those injuries, he was medically evacuated to the United States.  On 23 May 1966, an exploration of the right acromioclavicular joint was performed.  At that time, a wire was looped from the clavicle around the coracoid process to maintain reduction.  Three weeks later the wire was removed surgically.  He was cleared for release from active duty.

9.  In item 34 (Have you ever had any illness or injury other than those already noted) of his Standard Form 89 (Report of Medical History), the applicant noted an injury to his right shoulder in 1966 in Vietnam.  He did not note any gunshot wound.

10.  On 12 February 1968, the applicant was honorably released from active duty.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the 

Republic of Vietnam Campaign Medal with Device (1960-), and the Vietnam Service Medal with one bronze service star.

11.  The applicant’s records do not contain Purple Heart orders.  His name is not listed on the Vietnam Casualty Roster.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he was wounded.  Item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart or the Parachutist Badge.

12.  The applicant provided a letter from the Disabled American Veterans informing him, in pertinent part, that his service connected disabilities of gunshot wound right shoulder, with residuals, rated at 20 percent; and scars, gunshot wound, minimal, right forehead and temple, rated at zero percent, had been confirmed and continued at the previous rate.

13.  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.

14.  Army Regulation 600-8-22 states that any parachutist badge may be revoked when the awardee initiates action which results in termination of airborne status before he or she completes 36 cumulative months of airborne duty.

15.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record that confirms the applicant was awarded the Purple Heart.  His name is not listed on the Vietnam Casualty Roster.  The Orthopedic Clinic’s evaluation did not indicate how his shoulder was injured.  He did not indicate on his Standard Form 89 that he incurred gunshot wounds.  His service medical records are not available.  The VA Rating Decision awarding him disability for a gunshot wound to his right shoulder was not provided by the 

applicant; therefore, it cannot be determined what the VA was looking at that resulted in its finding he had received a gunshot wound to his right shoulder.

2.  Regrettably, there is insufficient evidence that would warrant adding the Purple Heart to the applicant’s DD Form 214.

3.  There are no Parachutist Badge orders in the applicant’s records, although he may have been awarded the badge since it appears he did complete airborne training.  However, the badge would have been revoked when he voluntarily terminated his airborne status.  Therefore, there is no basis for adding the Parachutist Badge to his DD Form 214.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award should be added to the applicant’s DD Form 214.

5.  There is insufficient evidence to show that the applicant was eligible for any other awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  __xx____  ___xx___  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 adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his 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 adding the Purple Heart, the Parachutist Badge, or any other awards to his DD Form 214.



      __________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)                                         AR20080009871



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ABCMR Record of Proceedings (cont)                                         AR20080009871



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