IN THE CASE OF:	  

		BOARD DATE:	  	   23 April 2009

		DOCKET NUMBER:  AR20080019442 


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.  It is not clear what the applicant requests.  However, it appears the applicant requests, in effect, correction of his separation document to show he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and that he was wounded in action and awarded the Purple Heart.

2.  The applicant states, in effect, that he held MOS 11B and came under attack sometime between October and November 1969 while serving in An-Kio (sic), Republic of Vietnam (RVN).

3.  The applicant provides copies of Headquarters, U.S. Army Support Command (USASC), Qui Nhon (RVN), Special Orders Number 307, dated 3 November 1969 (front page); and pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record).

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 military personnel records show he enlisted and entered active duty in the Regular Army for a period of 2 years on 10 February 1969.

3.  The applicant's military personnel records contain a DA Form 20.

   a.  Item 22 (Military Occupational Specialties) shows that he was awarded MOS 57H2O (Cargo Handler), effective 27 May 1969.

	b.  Item 27 (Military Education) shows that he completed the 4-week Cargo Handler course (MOS Code 57H2O) at the U.S. Army Transportation School Brigade (Fort Eustis, Virginia) in 1969.

	c.  Item 31 (Foreign Service) shows that he served in the U.S. Army Pacific (USARPAC) in the RVN from 30 October 1969 through 20 October 1970.

   d.  Item 38 (Record of Assignments), in pertinent part, shows that while serving in the RVN, the applicant served as a Security Guard (Duty MOS 11B1O) while assigned to Headquarters and Headquarters Detachment, USASC (USARPAC), from 3 November 1969 to 10 January 1970.  He also served as a Petroleum Supply Handler (Duty MOS 76V1O) while assigned to the
3rd Quartermaster Detachment (USARPAC) from 11 January to 27 May 1970.  He then served as a Laundry Foreman (Duty MOS 57E2O) while assigned to the 573rd Supply and Services Company (USARPAC) from 28 May to 16 October 1970.

   e.  Item 40 (Wounds) is absent an entry.

   f.  Item 41 (Awards and Decorations) shows he was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and 2 Overseas Service Bars.

4.  The applicant's military personnel records contain a copy of Headquarters,
U.S. Army Training Center (Air Defense), Fort Bliss, Texas, Special Orders Number 74, dated 4 April 1969.  These orders show, in pertinent part, the 
applicant was reassigned to the U.S. Army Transportation School, Fort Eustis, with a reporting date of 20 April 1969 for advanced individual training in MOS 57H2O.

5.  The applicant's military personnel records contain a copy of Headquarters,
U.S. Army Transportation School, Fort Eustis, Special Orders Number 95, dated 13 May 1969.  These orders show, in pertinent part, the applicant was awarded primary MOS 57H2O, effective 27 May 1969.

6.  The applicant's military personnel records contain a copy of Headquarters,
U.S. Army Support Command Qui Nhon (RVN), Special Orders Number 307, dated 3 November 1969.  These orders show, in pertinent part, that the applicant was further assigned to Headquarters and Headquarters Detachment, U.S. Army Support Command, Qui Nhon Security Guard (Provisional) (RVN), in Duty MOS 11B1O (Security Guard), effective 8 November 1969.

7.  The applicant's military personnel records contain a copy of Headquarters,
U.S. Army Support Command Qui Nhon (RVN), Special Orders Number 343, dated 9 December 1969.  These orders show, in pertinent part, that the applicant was promoted to the grade of specialist four (SP4)/pay grade E-4 in MOS 57H2O, effective 5 November 1969.

8.  The applicant's military personnel records contain a copy of Headquarters,
U.S. Army Support Command Qui Nhon (RVN), Special Orders Number 289, dated 16 October 1970.  These orders amended Headquarters, U.S. Army Support Command Qui Nhon (RVN), Special Orders Number 211, dated 30 July 1970, and, in pertinent part, show that the applicant's MOS was 57H2O, he was assigned to the 573rd Supply and Services Company (RVN), and he was reassigned to the U.S. Army Vietnam Returnee Detachment on 16 October 1970.

9.  A thorough review of the applicant’s military personnel records revealed that there are no orders or other evidence in his records that show he was awarded MOS 11B.

10.  There is no documentation in the applicant’s military personnel records that shows he was wounded or treated for wounds as a result of enemy action.  In addition, a review of the Adjutant General's Office Casualty Division's Vietnam Casualty Listing does not list the applicant’s name.

11.  A thorough review of the applicant’s military personnel records revealed that there are no orders in the applicant’s records that show he was awarded the Purple Heart.  In addition, review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

12.  The applicant's military personnel records contain a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 October 1970 and DD Form 215 (Correction to DD Form 214), dated 29 December 2008.  The DD Form 214 shows he entered active duty on 10 February 1969.  Item 23a (Specialty Number and Title) shows he was awarded MOS 57H2O (Cargo Handler).  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), as corrected by the DD Form 215, shows the applicant was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, and         2 Overseas Service Bars.  The DD Form 214 also shows the applicant was honorably released from active duty on 20 October 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve service obligation.  At the time he had completed 1 year,        8 months, and 11 days of net active service this period and 11 months and         20 days of foreign service.

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 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.

15.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available 

records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. Paragraph 53 (Items 23 a and b) states, in pertinent part, "Enter primary MOS code number and title."  Paragraph 53 (Item 24) states, in pertinent part, to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show he was awarded MOS 11B and an award of the Purple Heart.

2.  The evidence of record shows the applicant completed the 4-week Cargo Handler course for MOS 57H at the U.S. Army Transportation School Brigade, Fort Eustis, Virginia, and that Special Orders awarded him primary MOS 57H2O, effective 27 May 1969.  The evidence of record also shows that the applicant was promoted to the rank/grade of SP4 (E-4) in MOS 57H2O, effective
5 November 1969.  The evidence of record further shows that upon his departure from the RVN for separation processing in October 1970, the applicant held primary MOS 57H2O.  While the evidence of record shows that the applicant served in Duty MOS 11B1O from 3 November 1969 to 10 January 1970 in the RVN, there is no evidence of record that shows he was awarded MOS 11B.  Thus, the evidence of record fails to support the applicant’s claim that he was awarded MOS 11B.  Therefore, the applicant is not entitled to correction of his records in this case.

3.  The applicant provides no official documentary evidence pertaining to any injury he may have received (e.g., battle casualty report, medical treatment records, etc.) in support of his request.  There is no evidence in the applicant’s military personnel records that show he was wounded as a result of hostile action; his DA Form 20 does not shows an entry in item 40 or list the Purple Heart in item 41; the applicant's name is not listed on the Adjutant General's Office Casualty Division's Vietnam Casualty Listing; and there are no orders in the applicant’s military personnel records that show he was awarded the Purple Heart.  In addition, there is no evidence in the applicant’s military service records that shows he was wounded as a result of hostile action, that such wound required treatment by medical personnel, or that the medical treatment was made a matter of official record.  In view of all of the foregoing, there is insufficient basis for awarding the Purple Heart to the applicant in this case. 

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  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 our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20080019442



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ABCMR Record of Proceedings (cont)                                         AR20080019442



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