DOCKET NUMBER:  AR20090000707 


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 item 25 (Education and Training Completed) of his 19 January 1972 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and reconsideration of his earlier request to be awarded the Purple Heart (PH).  

2.  The applicant states, in effect, that his completion of the Noncommissioned Officer (NCO) Academy, the Tank Commander course, and the Automotive Vehicle Mechanic course were omitted from Item 25 of his DD Form 214.  He also states that while serving in the Republic of Vietnam (RVN) he was wounded with hot scrap metal by enemy fire that burnt through his clothing.  He states he is providing a photo which shows the medic who treated him and another Soldier who was wounded at the same time.  He further states he was initially informed that he would not receive a PH for this incident.  However, after talking to many veterans who had the same thing happen to them and received the PH, he feels he also deserves award of the PH.

3.  The applicant provides a self-authored statement, page 1 of his DA Form 20 (Enlisted Qualification Record), and a photograph 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.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080015165, on 16 December 2008.  

3.  The applicant's record shows he was inducted into the Army of the United States and entered active duty on 28 August 1968 and that he held and served in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and 
MOS 67N (Helicopter Crew Chief).

4.  Item 27 (Military Education) of the applicant’s DA Form 20 contains entries showing he completed an 8-week Vehicle Mechanic Course in 1970, the 6-week Noncommissioned Officer Academy in 1970, and a 3-week Tank Commander Course in 1971.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam (RVN) from 10 March 1969 through 10 March 1970, and item 38 (Record of Assignments) shows that during his RVN tour he was assigned to     H Troop, 17th Cavalry, 198th Infantry Brigade from 26 March 1969 through 2 July 1969 and to the 120th Aviation Company from 3 July 1969 through 7 March 1970. 

5.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and Item 41 (Awards and Decorations) does not include the PH.  Item 41 does show he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Air Medal (AM) 2nd Award, RVN Campaign Medal (RVNCM), Expert Marksmanship Qualification Badge with Machinegun Bar and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.


6.  The applicant's Official Military Personnel Record Jacket (OMPF) contains Certificates of Training which show he successfully completed the Automotive Vehicle Mechanic Course conducted at the III Corps and Fort Hood Troop School on 28 August 1970; the NCO Course conducted at the Fourth United States Army NCO Academy on 18 December 1970; and the Tank Commander’s Course conducted at the III Corps and Fort Hood Troop School on 23 April 1971. 

7.  On 19 January 1972, the applicant was honorably released from active duty (REFRAD).  The DD Form 214 he was issued at the time shows he completed 
3 years, 4 months and 22 days of active military service and item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:   AM with Number 5 and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.  Item 25 (Education and Training Completed) contains the entry "None."

8.  On 15 May 2009, a correction to the DD Form 214 (DD Form 215) was issued to the applicant which deleted the entry contained in Item 24 of his
DD Form 214 and added the entry "Combat Infantryman Badge, Air Medal with Numeral 6, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), National Defense Service Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, Expert Marksmanship Qualification Badge with Automatic Rifle and Machine Gun Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The applicant's name was not included on this list.  Additionally, a 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 PH pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states, in pertinent part, that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.  


11.  Paragraph 2-8h of the awards regulation  provides examples of injuries or wounds which clearly do not justify award of the PH.  Included in this list are accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. 

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's discharge indicated that all military training and qualification courses and all off-duty courses completed during period covered by the DD Form 214 would be entered in item 25 (Education and Training Completed) for enlisted personnel.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that all military training courses he completed while on active duty were not included in item 25 of his DD Form 214 was carefully considered.  The governing regulation in effect at the time of the applicant's discharge provided for entering all military training and qualification courses completed during the period covered by the DD Form 214 in item 25 for enlisted personnel.

2.  The applicant’s OMPF contains certificates which confirm he satisfactorily completed the Automotive Vehicle Mechanic course at Fort Hood, Texas in August 1970, an NCO course at Fort Hood, Texas in December 1970, and the Tank Commander course at Fort Hood, Texas, in April 1971.  Therefore, it would be appropriate to add these courses to item 25 of his DD Form 214 at this time.

3.  The applicant's contention that he should have been awarded the PH was also carefully considered.  However, by regulation, in order to support award of the PH, there must be evidence confirming that the wound for which the award is being made was received as a result of enemy action that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record.  Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action, and the PH is also not included in the list of awards contained in Item 41.  Further, his OMPF is void of any orders or other documents that indicate he was ever recommended for or awarded the PH by proper authority while serving on active duty, or of any medical treatment records that indicate he was ever treated for a combat-related wound or injury.  


4.  Finally, the applicant's name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  Therefore, absent any evidence of record confirming the applicant was wounded in action or treated for a combat-related wound while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief or to amend the original Board decision on this matter.  

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 amending his 19 January 1972 DD Form 214 by adding the following entries to item 25:  "Noncommissioned Officer Academy, 6 weeks, Fort Hood, Texas 1970”; “Automotive Vehicle Mechanic Course, 8 weeks, Fort Hood, Texas 1970”; and “Tank Commanders Course, 3 weeks, Fort, Hood, Texas, 1971"; and by providing him a correction to his DD Form 214 that includes these changes. 

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 and/or to amending the portion of ABCMR Docket Number AR20080015165, dated 16 December 2008, which pertains to 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)                                         AR20090000707



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ABCMR Record of Proceedings (cont)                                         AR20090000707


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