BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090016437 


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 his military occupational specialty (MOS) as 11C (Indirect Infantry Fire Crewman) and by adding the Purple Heart.

2.  The applicant states he received the PH on 10 August 1969 in the Republic of Vietnam (RVN) but it was not included on his DD Form 214.  He also states his MOS was supposed to be changed to 11C by his unit before he left the RVN.

3.  The applicant provides two separate applications but no other documents in support of his request.

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 record shows he initially enlisted in the Regular Army on
27 November 1967 for 3 years.

3.  On 28 July 1968, he was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he completed 8 months and 2 days of active duty service and earned the National Defense Service Medal and the Parachutist Badge.

4.  On 29 July 1968, the applicant reenlisted for 3 years.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the following in the items indicated:

	a.  Item 22 (Military Occupational Specialties) - awarded primary MOS 76P (Stock Control and Accounting Specialist) on 22 March 1968, and contains a voided lined out entry showing award of MOS 11C (Mortar Man) on 12 June 1969;

	b.  Item 27 (Military Education) - shows completion of MOS 76P, stock control and accounting specialist course, in 1968; and

	c.  Item 31 (Foreign Service) shows service in the RVN from 13 November 1968 through 12 November 1969.

6.  Item 38 (Record of Assignments) of the DA Form 20 shows, during the periods indicated, the applicant was in the following units at the locations and serving in the duty positions and duty MOS's identified:

	a.  19 April 1968 - 3 October 1968 -- Headquarters and Headquarters Company (HHC), 1st Battalion, 504th Infantry Regiment, Fort Bragg, NC / General Supply Specialist and Ordnance Supply Specialist / MOS's 76P and 76K;

	b.  16 November 1968 - 3 February 1969 -- Army Depot, Long Binh, RVN / Ordnance Supply Specialist / MOS 76K;

	c.  9 March 1969 - 9 October 1969 -- HHC, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division, RVN / Supply Specialist / 76Y;

	d.  10 October 1969 - 8 November 1969 -- Company E, 2nd Battalion, 
12th Cavalry Regiment, 1st Cavalry Division, RVN / Mortars, MOS 11C;

	e.  7 January 1970 - 29 June 1970 -- HHC, 1st Battalion, 504th Infantry Regiment, 82nd Airborne Division, Fort Bragg / General Supply Specialist / 76Y; and 

	f.  30 June 1970 - 28 July 1970 -- HHC, 1st Battalion, 504th Infantry Regiment, 82nd Airborne Division, Fort Bragg / Senior Vehicle Repairman / MOS 63B.

7.  Item 40 (Wounds) of the DA Form 20 is blank, and the PH is not included in the list of earned awards in item 41 (Awards and Decorations).

8.  The applicant's record is void of orders or other documents showing he was reclassified into MOS 11C.  It is also void of orders or other documents indicating he was ever wounded in action or recommended for or awarded the PH.

9.  The record contains a Standard Form (SF) 88 (Report of Medical Examination), dated 16 June 1971, documenting the applicant's separation medical examination.  This report shows a normal clinical evaluation, 111111/A physical profile and notes no wounds received in action.

10.  On 28 July 1971, the applicant was honorably released from active duty, in the rank/grade of specialist four (SP4)/E-4, after completing 3 years, 8 months, and 2 days of active military service.  The DD Form 214 he was issued shows he held MOS 76P (Stock Control and Accounting Specialist) on the date of his REFRAD in item 23a (Specialty Number and Title).

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 for the period ending 28 July 1971 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Air Medal
* Republic of Vietnam Cross of Gallantry with Palm Unit Citation
* Combat Infantryman Badge

12.  During the review of the case, a staff member of the Board reviewed the Department of the Army (DA) Vietnam Casualty Roster.  There is no entry pertaining to the applicant on this roster.


13.  Additionally, 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.

14.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-8 contains guidance on the PH and states it is awarded to members wounded in action.  It further stipulates that in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action; it required treatment by medical personnel; and a record of the medical treatment must have been made a matter of official record.

15.  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 separation provided for entering the primary MOS held on the date of separation in item 23a.  There were no provisions for entering duty MOS's served in on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he was awarded the PH in the RVN was carefully considered.  However, the evidence is not sufficient to support this claim.

2.  The record is void of any medical treatment records indicating the applicant was ever wounded in action or treated for a combat-related wound by medical personnel.  There are also no record entries indicating the applicant was wounded in action.  Finally, his name is not included on the Vietnam Casualty Roster, the official DA of RVN casualties or on ADCARS.  As a result, the regulatory burden of proof necessary to support award of the PH has not been met.

3.  The applicant's contention that his DD Form 214 should reflect the fact he held MOS 11C was also considered.  However, the record confirms that although he served in this MOS for a short period of one month, he was never reclassified into or awarded the MOS.  Further, he clearly held the primary MOS 76P on the date of his separation and this is accurately reflected in item 23a of his DD Form 214.  Therefore, the evidence is also not sufficient to support granting this portion of the requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x_____  __x______  ___x __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      ___________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)                                         AR20090016437



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ABCMR Record of Proceedings (cont)                                         AR20090016437



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