BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20090020578 


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 record to show:

* award of the Purple Heart
* "upgrade" of his discharge to show he was an E-4 when he was retired
* "combat medals"
* medical evacuation to Japan
* exposure to Agent Orange

2.  The applicant makes no statement in support of his request. 

3.  The applicant provides a copy of a letter that was written to him from the U.S. Army Human Resources Command Combat-Related Special Compensation (CRSC) Division.

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 requested correction of his record to show he was retired in pay grade E-4.  This request was previously considered by this Board on 24 October 1990 (Docket Number AC90-07685).  He provides no new evidence pertaining to this request; therefore, he has established no basis for reconsideration of this portion of his request and it will not be further discussed in these Proceedings.

3.  The applicant enlisted in the Regular Army on 8 September 1969.  He was trained in and awarded military occupational specialty 36D (Lineman).  On 
24 March 1971, he was honorably retired and placed on the Temporary Disability Retired List.  On 31 December 1975, he was permanently retired.  

4.  A DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) the applicant was assigned to the U.S. Army Strategic Communications Command (USASTRATCOM) Telephone Operations Company Long Binh from 24 June to 12 November 1970 and assigned to the Medical Holding Company, U.S. Army Hospital, Camp Zama, [Japan] in a patient status, for an unknown reason, from 13 November to 26 November 1970.

5.  The record is void of documentation showing the applicant was exposed to Agent Orange.  The CRSC letter provided by the applicant shows he received a disability rating from the Department of Veterans Affairs (VA) for adenopathy with eosinophilia.  The letter states the "condition is not a presumptive for Agent Orange exposure per current program guidance."

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he received the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal 
* Marksman Badge M-14 Rifle

7.  The applicant's military service records do not contain general orders awarding him the Purple Heart and his name is not listed on the Vietnam Casualty Roster.

8.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  Army Regulation 635-5 (Separation Documents) provides instructions for completing the DD Form 214.  The version of the regulation in effect at the time specified that entries would be made documenting place of entry into service, last duty assignment and major command, and the station or installation at which the separation action was effected.  There were no provisions for entering information pertaining to assignments other than the last duty assignment.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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.  Announcement in orders is required.

11.  Review of the applicant's records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)

13.  Special Orders Number 306, Headquarters, U.S. Army Training Center, Infantry and Fort Dix, dated 2 November 1969, awarded the applicant the Marksman Marksmanship Qualification Badge (M-14), Expert Marksmanship Qualification Badge (Grenade), and Sharpshooter Marksmanship Qualification Badge (M-16).  

14.  Department of the Army General Orders Number 43, dated 1972, announced award of the Meritorious Unit Commendation to the Telephone Operations Company, USASTRATCOM Signal Support Agency Long Binh for the period 1 March 1970 to 28 February 1971.  

15.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request for correction of his record to show award of the Purple Heart or exposure to Agent Orange.  However, the evidence of record supports correction of his record to show he is entitled to additional awards. 

2.  There is no evidence in the applicant's record that he was wounded as a result of hostile action or that any such wound required medical treatment.  The available service medical records make no reference to any wounds.  In the absence of military records which show the applicant was wounded or treated for wounds resulting from hostile action and that medical treatment for the wounds was made a matter of official record there is no evidence upon which to base award of the Purple Heart.

3.  The applicant's assignment to Camp Zama is properly documented in his record on his DA Form 20.  However, he is not entitled to correction of his 
DD Form 214 to show he was medically evacuated to Japan.

4.  There is no evidence of record, and the applicant has not provided evidence, indicating he was exposed to Agent Orange.  The VA has developed a list of conditions that are presumptive for exposure to Agent Orange and uses this list to determine eligibility for compensation for Agent Orange exposure.  The letter the applicant received from CRSC indicates his medical condition is not on the VA's list.  If the applicant is diagnosed with a condition on the VA's list, he may apply to the VA for a determination of his eligibility for compensation.  

5.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in two campaigns while serving in the RVN.  Therefore, he is entitled to award of two bronze service stars for wear on the already-awarded Vietnam Service Medal.

6.  General orders awarded the applicant's unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.



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 24 of his DD Form 214 the Vietnam Service Medal; and 

   b.  adding to item 24 of his DD Form 214 the following:

* Vietnam Service Medal with 2 bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge (Grenade)
* Sharpshooter Marksmanship Qualification Badge (Rifle)

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, evacuation to Japan, and exposure to Agent Orange.  



      _______ _   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)                                         AR20090020578



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ABCMR Record of Proceedings (cont)                                         AR20090020578



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