IN THE CASE OF:	

		BOARD DATE:	4 August 2009  

		DOCKET NUMBER:  AR20090004432 


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 his DD Form 214 (Report of Separation from Active Duty) to show the grade of sergeant (SGT)/pay grade
E-5, two awards of the Purple Heart, and two awards of the Presidential Unit Citation.

2.  The applicant states, in effect, his original DD Form 214 was lost in the fire that occurred at the National Personnel Records Center in 1973 and he received a new DD Form 214; however, he is not sure when it was issued.

	a.  The applicant states he received papers promoting him to the grade of SGT (E-5) in May 1968 from a lieutenant in Company B, 2nd Battalion,
22nd Infantry (Mechanized), 25th Infantry Division, while serving in the Republic of Vietnam (RVN).  He adds that his first sergeant degraded him by tearing up the papers in front of him.

   b.  The applicant states he received the Purple Heart in 1979; however, the award was not entered on his DD Form 214 and he did not receive an award certificate.  He adds that he believes he should have received two awards of the Purple Heart because he sustained a gunshot wound to his left side and a concussion from a mine explosion while serving in the RVN in 1967 - 1968.
   
   c.  The applicant states his unit was awarded the Presidential Unit Citation on two occasions; however, these two unit awards are not recorded on his DD Form 214.

3.  The applicant provides, in support of his application, a copy of a DA Form 87 (Certificate of Training), undated.

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 U.S. Army and entered active duty for a period of 3 years on 1 March 1967.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's military personnel records contain a DA Form 20 (Enlisted Qualification Record).

   a.  Item 31 (Foreign Service) shows he served in the U.S. Army Pacific (USARPAC) in the RVN from 19 August 1967 through 13 August 1968.

	b.  Item 33 (Appointments and Reductions), in pertinent part, shows he was appointed to the grade of specialist four (SP4)/pay grade E-4 with a date of rank (DOR) of 2 December 1967 under authority of Company B, 2nd Battalion (Mechanized), 22nd Infantry Regiment (RVN), Unit Order Number 50 (1967).  This item also shows the applicant was reduced to the grade of private (PVT)/pay grade E-1, effective and with a DOR of 3 February 1969, under authority of Headquarters, Special Troops, U.S. Army Armor Center, Fort Knox, Kentucky, Special Court-Martial Order Number 170 (1969).

   c.  Item 38 (Record of Assignments), in pertinent part, shows he was assigned to Headquarters and Headquarters Company, 2nd Battalion,
22nd Infantry, 3rd Brigade, 25th Infantry Division (USARPAC, RVN), in duty MOS 11B1O from 22 August 1967 to 9 August 1968.

   d.  Item 40 (Wounds) shows he sustained a fragment wound to the right side of his abdomen on 3 March 1968.
   
   e.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and two Overseas Service Bars.

4.  Headquarters, 25th Infantry Division (RVN), Special Orders Number 234, dated 22 August 1967, in pertinent part, show that the applicant, having been assigned to the U.S. Army Vietnam (USARV) Transient Detachment,
25th Infantry Division (RVN), was further assigned to Headquarters and Headquarters Company, 2nd Battalion, 22nd Infantry, on 26 August 1967.

5.  A Standard Form 600 (Chronological Record of Medical Care) shows the applicant was treated for a superficial fragment wound on 3 March 1968.

6.  Headquarters, 25th Infantry Division (RVN), Special Orders Number 186, dated 4 July 1968, in pertinent part, show the applicant was assigned to the USARV Returnee Detachment (RVN) on 14 August 1968 for further assignment to the 4th Battalion, 54th Infantry, Fort Knox, Kentucky, on 5 September 1968. These orders also show the applicant’s grade at the time was SP4 (E-4).

7.  On 8 July 1969, the applicant submitted a voluntary request for discharge under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10 (Discharge for the Good of the Service).  This document shows the applicant placed his signature on the request for discharge directly above his typed signature block that, in pertinent part, shows the applicant’s grade as "PVT E-1."

8.  On 13 August 1969, the Commander, Fort George G. Meade, Fort George G. Meade, Maryland, approved the applicant’s request for discharge under the provisions of Army Regulation 635-200, chapter 10.  The separation authority directed that, if the applicant was serving in a grade higher than private (E-1), then he would be reduced to the lowest enlisted grade.  Accordingly, the applicant was discharged in the grade of PVT (E-1) on 13 August 1969.

9.  On 6 July 1976, the Army Discharge Review Board gave notice to the applicant that his discharge was changed to an under honorable conditions (General) discharge and new separation documents were issued.  Accordingly, the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was voided and a new DD Form 214 was issued.
10.  The applicant's reissued DD Form 214 shows he entered active duty this period on 1 March 1967 and was discharged under honorable conditions on      13 August 1969, based upon Secretarial authority.  At the time he had completed 1 year, 8 months, and 6 days of net active service and 1 year of foreign service.  Item 6a (Grade, Rate or Rank) contains the entry "PVT"; Item 6b (Pay Grade) contains the entry "E-1"; and Item 7 (Date of Rank) contains the entry "67 03 01"
(i.e., 1 March 1967).  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, two Overseas Service Bars, Marksman Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Expert Marksmanship Qualification Badge with Machinegun Bar.

11.  The applicant's military personnel records are absent any promotion orders or instrument documenting his promotion to the grade of SGT/E-5.

12.  A review of the applicant’s military personnel records revealed that there are no orders or other evidence that shows he was wounded a second time while serving in the RVN or that he received a second award of the Purple Heart.

13.  A review of the Vietnam Casualty Roster shows that the applicant’s name is listed once on the roster as having been wounded in action on 3 March 1968.

14.  A DA Form 1577 (Authorization for Issuance of Awards), dated 1 November 1979, shows that the lieutenant colonel serving as Director, Personnel Services, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, authorized award of the Purple Heart to the applicant for wounds received on 3 March 1968.  This document also shows that the applicant’s entitlement to a second award of the Purple Heart (i.e., an Oak Leaf Cluster) could not be verified without additional relevant and specific information.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet fails to show that the 2nd Battalion, 22nd Infantry
(25th Infantry Division, USARPAC, RVN), or any of its subordinate units
(e.g., Headquarters and Headquarters Company or Company B) received the Presidential Unit Citation during the period of the applicant’s tour of duty in the RVN.

16.  A review of the applicant's military personnel records shows that he may be authorized additional awards that are not shown on his DD Form 214.

17.  Department of the Army Pamphlet 672-3 shows that at the time of the applicant's assignment to the 2nd Battalion, 22nd Infantry (25th Infantry Division, USARPAC, RVN), the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 51 (1971).

18.  In support of his application, the applicant provides a Certificate of Training that shows he successfully completed the Lightning Combat Leaders Course during the period 19 July to 27 July 1968 that was conducted at the 25th Infantry Division, Cu Chi, RVN.  The applicant’s name is misspelled on this document; however, his grade is shown as SP4 (E-4).

19.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  It provides that 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.  An oak leaf cluster is authorized for wear for each additional award of the Purple Heart.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  In addition, formal recommendation, approval through the chain of command, and announcement in general orders are required for award of the Presidential Unit Citation.   An oak leaf cluster is authorized for wear for each additional award of the Presidential Unit Citation.

21.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This regulation states the purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.
   
   a.  Chapter 2 (Preparation of Separation Documents) 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, personal finance record, reassignment orders, enlistment or induction records, and any DD Forms 214 for prior service.

   b.  Paragraph 2-7 (Preparation instructions) provides item-by-item instructions.  The instructions for Item 6a (Grade, Rate or Rank) and Item 6b (Pay  Grade) state, "enter the grade and pay grade at time of separation" and Item 7 (Date of Rank) states, "enter date of rank for grade shown in Item 6a.  Date will be recorded in order shown on DD Form 214, using all numerals."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the grade SGT/E-5, two awards of the Purple Heart, and two awards of the Presidential Unit Citation.

2.  There is no evidence of record, and the applicant provides insufficient evidence, to show he was promoted to the grade of SGT (E-5).

   a.  Records show the applicant was appointed to the grade of SP4 (E-4) on
2 December 1967 and he was reduced to the grade of PVT (E-1) on 3 February 1969.  

   b.  The applicant’s DD Form 214 shows he was discharged in the grade of PVT (E-1); however, the DOR shown on this document is in error.  Therefore, records confirm the grade that is shown on the applicant’s DD Form 214 is correct and the applicant is not entitled to correction of the document in this instance.  However, it would be appropriate to correct the applicant’s DD Form 214 to show his DOR for PVT/E-1 was 3 February 1969 (vice 1 March 1967).

3.  Records show the applicant was wounded as a result of hostile action in the RVN on 3 March 1968.  Records also show the Director, Personnel Services, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, authorized award of the Purple Heart to the applicant for wounds received in the RVN on 3 March 1968.  However, there is no evidence that the applicant’s DD Form 214 was corrected to show the award.  Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show award of the Purple Heart.

4.  There is no evidence in the applicant’s military personnel records that shows he was wounded a second time as a result of hostile action while serving in the RVN; the applicant's name is not listed a second time on the Vietnam Casualty Roster; and there are no orders in the applicant’s military personnel records that show he was awarded the Purple Heart (1st Oak Leaf Cluster).  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, or that the medical treatment was made a matter of official record.  Moreover, records show that on 1 November 1979, the Director, Personnel Services, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, advised the applicant to provide additional relevant and specific information pertaining to his claim to a second award of the Purple Heart.  However, the applicant failed to provide such evidence, and he provides insufficient evidence in support of his request in this application.  Therefore, in view of all of the foregoing, the applicant is not entitled to a second award of the Purple Heart in this case.

5.  There is no evidence the applicant’s unit (i.e., the 2nd Battalion, 22nd Infantry) or any of its subordinate units (e.g., Headquarters and Headquarters Company or Company B) received the Presidential Unit Citation during the period of the applicant’s tour of duty in the RVN.  Therefore, there is no basis for correcting his DD Form 214 to show the Presidential Unit Citation or Presidential Unit Citation (1st Oak Leaf Cluster).

6.  Records show that general orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

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:
   
   a.  deleting from item 7 of his DD Form 214 the entry "67 03 01" and adding the entry "69 02 03"; and

     b.  adding to item 24 of his DD Form 214 the "Purple Heart and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation."

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 promotion to the grade of SGT/E-5, the Purple Heart (1st Oak Leaf Cluster), and Presidential Unit Citation.  




      _______ _   _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)                                         AR20090004432



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ABCMR Record of Proceedings (cont)                                         AR20090004432



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