BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090009783 


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 the reason for his discharge be corrected from disability existing prior to service (EPTS).  He also requests the Soldier's Medal, the Bronze Star Medal with "V" Device, the Purple Heart, and the Parachutist Badge be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 13 August 1969.

2.  The applicant states he had no disability prior to his enlistment and that no psychiatric problems were documented.  He states that he discovered the discrepancies on his DD Form 214 when he received copies of his records from the National Archives.

3.  The applicant provides, in support of his application, copies of nine pages from his military personnel records and his enlistment physical.

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 initially enlisted in the Regular Army on 25 August 1966 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 72B (Communications Center Specialist).  He immediately reenlisted on 28 August 1967 for a period of 3 years.

3.  Headquarters, The Student Brigade, U.S. Army Infantry School, Special Orders Number 39, dated 15 February 1967, awarded the applicant the Parachutist Badge effective 30 January 1967.

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in U.S. Army Pacific-Korea during the period 8 March 1968 to 6 April 1969.

	a.  on 12 March 1968, he was assigned to Company A, 51st Signal Battalion, in MOS 72B;

	b.  on 3 June 1968, he was assigned to Headquarters and Headquarters Company (HHC), I Corps, in MOS 64C (Light Vehicle Driver); and

	c.  on 24 August 1968, he was assigned to HHC, 3rd Battalion, 23rd Infantry, in MOS 11B (Light Weapons Infantryman) as a grenadier.

5.  On 20 August 1968, the applicant was awarded the MOS of 11B.

6.  On 10 May 1969, the applicant was assigned to the U.S. Army Training Center, Infantry at Fort Ord, CA.

7.  Item 40 (Wounds) of the applicant's DA Form 20 does not contain any entries.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 contains the following handwritten entries in pencil for awards and authority:

	a.  "CBT INF Badge [Combat Infantryman Badge], SO [Special Orders] 80 HQ 8 Army [Headquarters, 8th Army]";

	b.  "Soldiers Medal, SO 69 HQ 8 Army";

	c.  "'V' Bronze Star Medal, SO 43 HQ 8 Army"; and

	d.  "Purple Heart, SO 121 HQ 8 Army."

9.  There are no orders in the applicant's military personnel records jacket (MPRJ) awarding him the Combat Infantryman Badge, the Soldier’s Medal, the Bronze Star Medal with "V" Device, or the Purple Heart.

10.  On 31 July 1969, the applicant requested to be discharged for physical disability.  He stated that he had been informed that based upon the findings and recommendations of a medical board, he was considered to be unfit for retention in the military service by reason of physical disability which was found to be EPTS and which was neither incident to nor aggravated by his military service.  He acknowledged that he had been fully informed that if the physical evaluation board (PEB) confirmed the findings and recommendations of the medical board, he would be expeditiously separated from the Army.  He acknowledged that if his application was approved he would be separated by reason of physical disability - EPTS and would receive a discharge of the type commensurate with the character of his service.

11.  The applicant's MPRJ contains an unsigned copy of a DA Form 1361 (Recommended Findings of PEB), dated 4 August 1969.  The PEB's recommended findings indicate he was found unfit for military service and that his disability was not incurred while entitled to receive basic pay, not the proximate result of the performance of military service, not due to misconduct, not a direct result of armed conflict, and not caused by an instrumentality of war.  The PEB's recommended disposition was that the applicant be separated from the service without entitlement to disability benefits from the service.

12.  On 13 August 1969, the applicant was discharged by reason of physical disability - EPTS, established by a medical board and an application for discharge by reason of physical disability by the individual.  He completed 1 year, 11 months, and 16 days of this enlistment that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded the Soldier's Medal, the Bronze Star Medal with "V" Device, the Purple Heart, or the Parachutist Badge.

13.  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 Soldier's Medal, the Bronze Star Medal with "V" Device, or the Purple Heart.

14.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that all awards of decorations made pursuant to delegated authority would be announced in general orders by the commander authorized to make the award, except that awards of decorations made by heads of Headquarters, Department of the Army, agencies would be announced in Department of the Army general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the reason for his discharge is incorrect.  He contends that he had no disability and that no psychiatric problems were documented.

2.  The exact physical disability that was determined as EPTS is not identified in the records available for review.  However, the applicant requested discharge due to disability and he acknowledged that he would be separated by reason of physical disability - EPTS.  Therefore, it is reasonable to conclude the unsigned DA Form 1361 is, in fact, the findings and recommendation of a PEB for the applicant that was convened on 4 August 1969.

3.  In the absence of evidence to the contrary, it is determined that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Further, it is determined that the type of discharge and the reason for separation were appropriate considering all the available facts of the case.

4.  The applicant was awarded the Parachutist Badge and the orders are contained in his MPRJ.  Therefore, it is appropriate to include this award on his DD Form 214.

5.  The entries for the Soldier's Medal, the Bronze Star Medal with "V" Device, the Purple Heart, and the Combat Infantryman Badge are handwritten in pencil on the applicant's DA Form 20.  The entries do not contain any dates for the orders.

6.  The entries for the Soldier's Medal, the Bronze Star Medal with "V" Device, and the Purple Heart indicate that special orders were issued.  However, the regulation in effect at the time indicated that general orders were to be issued for all decorations.  A review of ADCARS failed to reveal any general orders for these awards.  There are no orders in his MPRJ awarding him any of these awards.  His MPRJ does not contain any orders for the Combat Infantryman Badge.

7.  The applicant's records do not contain any corroborating evidence to support the handwritten entries for the Soldier's Medal, the Bronze Star Medal with "V" Device, the Purple Heart, or the Combat Infantryman Badge on the DD Form 20.  Therefore, there is insufficient evidence to add these awards to his DD Form 214.

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 item 24 of the applicant's DD Form 214 with an effective date of 13 August 1969 to add the Parachutist Badge.

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 changing the reason for his discharge and adding the Soldier's Medal, the Bronze Star Medal with "V" Device, the Purple Heart, and the Combat Infantryman Badge to his DD Form 214.



      ___________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)                                         AR20090009783



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ABCMR Record of Proceedings (cont)                                         AR20090009783



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