IN THE CASE OF:	  

		BOARD DATE:	        27 MAY 2009

		DOCKET NUMBER:  AR20080018712 


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 two separate applications, award of the Purple Heart and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 May 1984 to include military occupational specialty (MOS) 95B (military police).

2.  The applicant states that he was injured in a convoy ambush on 1 July 1966, when there was an explosion under the second vehicle.  He states that he was in the fifth vehicle when it came under attack.  He states that in a fight lasting approximately 8 to 10 minutes, he sustained an injury to his left eye as he was thrown backward after a sand bag from the floor of his vehicle blew up and hit him.  He states that he was treated and returned to duty.  

3.  The applicant also states that he was a member of the 546th Military Police Company, Fort Sill, Oklahoma, from 21 October 1966 through 21 January 1968; the 136th Military Police Company from 21 January 1968 through 15 May 1968; and the 526th Military Police Detachment from 15 may 1968 through 27 January 1969 as a desk sergeant serving in MOS 95B40.  He states that at the time of his retirement he was asked to sign a blank DD Form 214 as the clerk had not returned from lunch.  He states that the DD Form 214 was incorrectly completed and mailed to him at the time of his retirement.

4.  The applicant provides no additional documentation in support of his application.


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 25 May 1964, the applicant enlisted in the Regular Army (RA) in Oklahoma City, Oklahoma, for 3 years, in the pay grade of E-1.  At the time of his enlistment, he acknowledged that he was enlisting for training in the administrative field.  He went on to successfully complete his training and he was awarded a clerk typist (71B2O) military occupational specialty.  

3.  The applicant was transferred to Vietnam on 2 October 1965 where he remained until he returned to the Continental United States on 28 September 1966.  The applicant’s official records do not show that he was wounded/injured as a result of hostile action by enemy forces while he was in Vietnam.

4.  He was assigned to the 546th Military Police Company at Fort Sill, Oklahoma, as a clerk typist on 21 October 1966.  

5.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows that while he was at Fort Sill, Oklahoma, he was assigned duties in the MOS of military police (95B40) on 12 January 1968.

6.  After completing 2 years, 10 months and 2 days of net active service this period, the applicant was honorably discharged on 26 March 1968, for the purpose of immediate reenlistment.  The DD Form 214 that he was furnished at the time of his discharge shows military policeman (95B40) as his MOS.  His DD Form 214 also shows that he was awarded the Republic of Vietnam Campaign Medal w/Device 1960, the Vietnam Service Medal, the National Defense Service Medal, the Good Conduct Medal and the Safe Driver Badge.



7.  The applicant reenlisted in the RA for 6 years on 27 March 1968.  At the time, he indicated that he was reenlisting for his present duty assignment.  His DA Form 2-1 shows that on 27 January 1969 he was assigned duties in the MOS of clerk typist (71B30).

8.  After completing 5 years, 11 months and 29 days of net active service this period, the applicant was honorably discharged on 25 March 1974 for the purpose of immediate reenlistment.  The DD Form 214 that he was furnished to reflect this period of service shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal w/Device 1960, the Safe Driver Badge, the Good Conduct Medal (Second Award), the Marksman Marksmanship Qualification Badge (Rifle M-16), and the Marksman Marksmanship Qualification Badge (Pistol 45).  The DD Form 214 also reflects his MOS as administrative specialist (71L2O).

9.  On 26 March 1974, the applicant reenlisted in the RA for 3 years.  His enlistment contract shows his MOS as 71L2O.  After completing 4 years, 2 months and 13 days of net active service this period, the applicant was honorably discharged on 7 June 1978, for the purpose of immediate reenlistment.  The DD Form 214 that he was furnished shows his MOS as 71L20 and that he was awarded the Republic of Vietnam Campaign Medal w/Device 1960, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Vietnam Service Medal, the National Defense Service Medal, the Army Commendation Medal, and the Good Conduct Medal (Third Award).

10.  The applicant reenlisted in the RA for 6 years on 8 June 1978.  Orders 
199-11 were published on 8 June 1978 announcing his reenlistment in the Army, his duty location, his service commitment and his MOS.  His MOS is reflected as 71L3O (administrative specialist).

11.  After completing 5 years, 11 months and 24 days of net active service this period, the applicant was honorably retired for length of service on 31 March 1984.  The DD Form 214 that he was furnished at the time of his retirement shows 71L30 as his primary specialty for 13 years and 2 months, and 51H30 as a specialty for 8 years and 9 months.  His DD Form 214 also shows that his awards include the Army Commendation Medal (First Oak Leaf Cluster), the Good Conduct Medal (Fifth Award), the National Defense Service Medal, the Vietnam Service Medal, the Army Service Ribbon, three Overseas Service Ribbons, the Republic of Vietnam Campaign Medal w/Device 1960, the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Marksman Marksmanship Qualification Badge (Rifle M-16).

12.  A review of the Vietnam Casualty Roster does not show that the applicant was ever treated for wounds/injuries that he sustained as a result of hostile action by enemy forces.

13.  Army Regulation 600-8-22 (Military Awards) 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.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.  It provides, in pertinent part, that for Item 11 (Primary Specialty) list only those specialties that have been awarded in accordance with Army Regulation 611-201 and that have been held for at least 1 year will be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart and that his DD Form 214 for the period ending 31 May 1984 to be corrected to include military occupational specialty (MOS) 95B (military police).

2.  His contentions have been noted.  However, there is no evidence in the available record, nor has the applicant submitted any evidence to shows that he was wounded/injured as a result of hostile action by enemy forces while he was in the Army.  

3.  In accordance with the applicable regulation, in order to be awarded the Purple Heart he must have sustained a wound/injury as a result of hostile action; the wound/injury must have required treatment by medical personnel; and the medical treatment must have been made a matter of official record.  There is no evidence in the available records that he met the criteria for award of the Purple Heart and as such, he is not entitled to award of the Purple Heart.

4.  In regard to the applicant’s request to have his DD Form 214 for the period ending 31 May 1984 corrected to include MOS 95B4O, he was furnished a DD Form 214 on 26 March 1968 that reflects MOS 95B4O.  There are no provisions for including an MOS from a previous period of enlistment to a DD Form 214 that 


was issued to cover a subsequent period of enlistment unless the individual held that MOS during the period for which the DD Form 214 was prepared.  Since there is no evidence in the available records that shows he held a 95B4O MOS at any time between his reenlistment in the Army on 8 June 1978 and his retirement on 31 May 1984 that MOS was properly not included on his DD Form 214.

5.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ___X_____  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.




      _______ _ 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)                                         AR20080018712



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ABCMR Record of Proceedings (cont)                                         AR20080018712



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