IN THE CASE OF:	  

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090019054 


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 (Report of Separation from Active Duty) to show:

* his rank/pay grade as specialist four (SP4)/E-4
* award of the Purple Heart, Overseas Service Ribbon, Combat Infantryman Badge, and the Air Assault Badge
* his ranger and special forces training

2.  The applicant states that he served during wartime when no one liked Soldiers.  He was proud to have served his country.

3.  The applicant provides no additional documentation 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.  On 29 December 1972, the applicant enlisted in the Regular Army.  He completed basic combat training at Fort Ord, CA.

3.  On 30 March 1973, the applicant was enrolled in advanced individual training at Fort Campbell, KY.  He was subsequently awarded military occupational specialty 11B (Infantryman).

4.  On 13 August 1974, the applicant was advanced to SP4/E-4.

5.  On 3 March 1975, the applicant was assigned as an automatic rifleman with 
B Company, 3rd Battalion, 36th Infantry Regiment, located in the Federal Republic of Germany.

6.  In November 1975, the applicant was awarded primary MOS 11D (Armor Reconnaissance Specialist).  MOS 11B became his secondary MOS.

7.  On 27 October 1976, the applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for being disrespectful toward a noncommissioned officer.  His punishment included reduction to private first class (PFC)/E-3 and 14 days of extra duty.

8.  On or about 8 December 1976, the applicant returned to the United States and he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

9.  The applicant's DD Form 214 shows:

* his rank and pay grade as PFC/E-3
* his awards as the National Defense Service Medal and the Army Good Conduct Medal
* overseas service in Europe for 1 year, 9 months, and 12 days
* no military training

10.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows

* in Section 5 (Overseas Service) the entry Germany from 26 February 1975 through 18 December 1976
* in Section 8 (Awards, Decorations, and Campaigns) the entry National Defense Service Medal and the Army Good Conduct Medal (1st award)
* in Section 17 (Civilian Education and Military Schools) he completed 1 year of high school in 1970 and completion of infantryman training in MOS 11B in 1973
* in Section VII (Current and Previous Assignments) basic combat training at Fort Ord in 1973; advanced infantry training and regular duty assignment at Fort Campbell from 1973 to 1975; regular duty assignment in Germany from 1975 to 1976, and REFRAD on 8 December 1976

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  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.

12.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the Air Assault Badge.  Award of the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

13.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his rank and pay grade as SP4/E-4; his awards to include the Purple Heart, Overseas Service Ribbon, Combat Infantryman Badge, and the Air Assault Badge; and that he completed ranger and special forces training.

2.  The evidence of record clearly shows that the applicant was reduced from SP4/E-4 to PFC/E-3 by NJP action.  There is no evidence showing that he was advanced back to the SP4/E-4 prior to his REFRAD.  Therefore, there is no basis to change his rank/grade.

3.  There is no evidence of record and he didn't provide any evidence that shows he completed ranger, special forces, or air assault training or that he was awarded any badges or tabs in conjunction with such training.  Therefore, there is no basis for adding any specialized training to his DD Form 214.

4.  The applicant's period of overseas service was prior to the authorization of the Overseas Service Ribbon.  Therefore, he is not eligible for this award.

5.  There is no evidence of record showing that the applicant served in a combat zone.  Furthermore, there is no evidence showing that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Accordingly, he is not entitled to award of the Combat Infantryman Badge.

6.  There is no evidence of record and the applicant didn't provide any evidence that shows he sustained a wound as the result of enemy action.  Accordingly, he is not entitled to award of the Purple Heart.

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)                                         AR20090019054



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ABCMR Record of Proceedings (cont)                                         AR20090019054



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