IN THE CASE OF:	  

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:   AR20090015757 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served in the Republic of Vietnam for more than 1 year.  He requests correction of his social security number on his Air Medal orders, certificate, and citation.  He requests award of the Purple Heart for wounds received in action.

2.  The applicant states that he believes his incomplete military record is hurting his claim for service-connected disability.

3.  The applicant provides copies of his DD Form 214; citation and certificate for award of the Bronze Star Medal; orders, citation, and certificate for award of the Air Medal; and correspondence from the Department of Veterans Affairs, dated 31 July 2009, concerning his disability claim.

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 Regular Army on 25 June 1968 for 3 years.  He completed his initial training to include the Basic Airborne Course and was awarded military occupational specialty 11B1P (Light Weapons Infantryman with parachutist qualification).

3.  General Orders Number 6428, Headquarters, 4th Infantry Division, dated 19 October 1969, awarded the applicant the Air Medal for meritorious service during the period from 9 June 1969 to 1 October 1969 while assigned to Headquarters and Headquarters Company, 3rd Brigade, 4th Infantry Division, in the Republic of Vietnam.  The third digit of the applicant's social security number was incorrectly typed on the Air Medal orders, citation, and certificate.

4.  General Orders Number 990, Headquarters, 4th Infantry Division, dated 16 February 1970, awarded the applicant the Army Commendation Medal for meritorious achievement during the period from 20 October 1969 to 1 February 1970.

5.  General Orders Number 1171, Headquarters, 4th Infantry Division, dated 24 February 1970, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service during the period from April 1969 to April 1970.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant was assigned on 6 May 1970 to Company C, 1st Battalion (Airborne), 505th Infantry Regiment, located at Fort Bragg, North Carolina.

7.  General Orders Number 6556, Headquarters, 23rd Infantry Division, dated 12 June 1971, awarded the applicant the Bronze Star Medal for meritorious service during the period from 1 July 1970 to 31 May 1971 while assigned with the 14th Security Platoon located in the Republic of Vietnam.

8.  Item 38 of the applicant's DA Form 20 shows that the applicant departed the Republic of Vietnam on 11 June 1971 and was subsequently released from active duty on 16 June 1971.

9.  The applicant's DD Form 214 shows the following:

	a.  item 22c (Foreign and/or Sea Service) - 1 year, 1 month, and 27 days;

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) - National Defense Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Vietnam Service Medal, one overseas service bar, Republic of Vietnam Campaign Medal with Device (1960); and

	c.  item 30 (Remarks) - Vietnam Service:  20 April 1970-16 June 1971, separated from service on temporary records and Soldier's affidavit.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command.

11.  The applicant's name is not listed on the Vietnam casualty roster.

12.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

13.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaigns:  Tet 69 Counteroffensive, Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, and Vietnam Counteroffensive Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows that Headquarters and Headquarters Company, 3rd Brigade, 4th Infantry Division, was cited in Department of the Army General Orders (DAGO) Number 52, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 53, dated 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the time of the applicant's assignment.

16.  Army Regulation 600-8-22 sets forth requirements for award of the basic Parachutist Badge.  Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School, or have participated in at least one combat parachute jump.

17.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  It provided that a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.

18.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served in the Republic of Vietnam for more than 1 year, that his social security number on his Air Medal orders should be corrected, and that he was wounded and should be awarded the Purple Heart.

2.  There are no available general orders awarding the applicant the Purple Heart.  The Vietnam casualty roster does not contain the applicant's name.  The applicant's DA Form 20 does not indicate he received any wounds while in action.  The applicant has not provided substantiating evidence to support his contention that he was wounded as a result of enemy action.

3.  The applicant's social security number was incorrectly entered on his Air Medal orders, certificate, and citation.  This error should be corrected by issuing an amendment to the orders and a new certificate and citation.

4.  General orders show the applicant was awarded the Air Medal, Bronze Star Medal, and Army Commendation Medal with Oak Leaf Cluster.  Therefore, these personal decorations should be added to his DD Form 214.

5.  Records show the applicant completed the Basic Airborne Course.  Therefore, his DD Form 214 should be corrected to add the Parachutist Badge.

6.  Records show the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

7.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

8.  The evidence of record shows the applicant served in the Republic of Vietnam from April 1969 to April 1970 (1 year) and from 1 July 1970 to 11 June 1971 (11 months and 11 days).  Therefore, his DD Form 214 should be corrected to show this foreign service.

9.  Records show the applicant served in the Republic of Vietnam for a total of almost 2 years.  Therefore, his DD Form 214 should be corrected to show authorization to wear four overseas service bars on his uniform.

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.  showing in item 22c of his DD Form 214:  "1 year, 11 months, and 11 days";

	b.  deleting from item 30 of his DD Form 214:  "VN Service:  20 APR 70-16 JUN 71";

	c.  adding to item 30 of his DD Form 214:  "Vietnam Service:  April 1969 to April 1970; 1 July 1970 to 11 June 1971";

	d.  deleting all entries from item 24 of his DD Form 214;

	e.  showing in item 24 that his authorized awards include the National Defense Service Medal, Air Medal, Bronze Star Medal, Army Commendation Medal with Oak Leaf Cluster, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Parachutist Badge, and Expert Marksmanship Qualification Badge with Rifle Bar; and four overseas service bars;

	f.  issuing an amendment to his Air Medal orders correcting his social security number; and

	g.  providing him with a new citation and certificate for award of the Air Medal.

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.



      ____________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)                                         AR20090015757



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ABCMR Record of Proceedings (cont)                                         AR20090015757



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