IN THE CASE OF:	  

		BOARD DATE:	  29 July 2010

		DOCKET NUMBER:  AR20100007315 


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 award of the Purple Heart, the Air Assault Badge, and the Parachutist Badge.

2.  The applicant states he was wounded and hospitalized just outside of Saigon while he was serving with Company A, 1st Battalion, 26th Infantry, in 1966.  He also states he received air assault and airborne training, but he did not receive the badges and they do not appear on his DD Form 214.

3.  The applicant provides a copy of Fort Bragg Form 1835-R (Certificate of Completion) for the Division Basic Airborne Course, dated 1 July 1960.

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 records show he enlisted in the Regular Army on 30 December 1959 for a period of 3 years.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served a total of 2 years, 11 months, and 22 days of net active service and 1 year of foreign service.  He was honorably released from active duty on 21 December 1962 and transferred to the U.S. Army Reserve Control Group (Reinforcement), VI U.S. Army Corps.

3.  On 25 February 1964, he again enlisted in the Regular Army for a period of 3 years.  A copy of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company A, 1st Battalion, 26th Infantry, in Vietnam during the period 6 March 1966 through 2 April 1967.  He was honorably discharged on 4 April 1967 after serving for a total of 6 years, 10 months, and 29 days of creditable service and 1 year and 28 days of foreign service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 4 April 1967 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam (RVN) Campaign Medal with Device (1960), the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and the First Class Gunner Badge (M-60).

5.  Item 28 (Specialized Training) of the applicant's DA Form 20 shows he completed 4 weeks of basic airborne training on 1 July 1960.  He also provides a copy of a certificate of completion which shows he completed basic airborne training at Fort Bragg, North Carolina, on 1 July 1960.  The certificate was signed by a major general.

6.  Section 9 (Medals, Decorations, and Citations) and section 10 (Remarks) of the applicant's DA Form 24 (Service Record) shows the parachutist badge was revoked on 30 October 1961.  His records are void of any explanation for the revocation.  Section 4 (Chronological Record of Military Service) indicates he received "good" conduct and efficiency ratings for the period 1 September through 6 November 1961 while at Fort Bragg, NC.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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.

8.  The applicant's name appears on the Vietnam casualty roster with an entry of receiving battle wounds from hostile action on 7 June 1966.

9.  There are no orders for the Air Assault Badge in the applicant's records.  There also is no evidence which shows he completed air assault training.

10.  A review of the applicant's records indicates entitlement to additional awards which are not shown on his DD Form 214.

11.  Department of the Army General Orders (DAGO) Number 37, dated 1970, awarded the Valorous Unit Award to the 1st Battalion, 26th Infantry, for extraordinary heroism while engaged in military operations on 1 April 1967.

12.  DAGO Number 21, dated 1969, awarded the RVN Gallantry Cross with Palm Unit Citation to the 1st Battalion, 26th Infantry, for service in the RVN during the period 12 July 1965 to 16 October 1968.

13.  DAGO Number 53, dated 1970, awarded the RVN Civil Actions Honor Medal First Class Unit Citation to the 1st Battalion, 26th Infantry, for service in the RVN during the period October 1965 through 7 April 1970.

14.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Three designated campaigns coincide with the applicant's period of service in the RVN:

* Vietnam Counteroffensive
* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III

15.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

16.  Army Regulation 600-8-22 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.  There is no retroactive date for this badge.

17.  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.

18.  Army Regulation 600-8-22 provides that 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, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show award of the Purple Heart, Air Assault Badge, and Parachutist Badge was carefully considered; however, it is only partially supported by the evidence.

2.  An extract of the Vietnam casualty roster shows the applicant was wounded as a result of hostile action on 7 June 1966 which required medical treatment.  The location of his wounds is not known.  Based on this entry, there is sufficient evidence to show he met the requirements and is entitled to correction of his records to show award of the Purple Heart.

3.  General orders awarded the applicant's unit the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation which are not shown in his records.  He is entitled to correction of his records to show these unit awards.

4.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in three campaigns while serving in the RVN.  He is entitled to award of three bronze service stars for wear on the previously-awarded Vietnam Service Medal.

5.  The applicant provided a copy of certificate of completion for airborne training which was signed by a major general.  His DA Form 20 indicated he completed the 4-week course on 1 July 1960.  However, sections 9 and 10 of his DA Form 24 indicate the parachutist badge was revoked on 30 October 1961.  There is no explanation for the revocation contained in the available records; however, it appears it may have been related to the conduct and efficiency ratings he received during that period.  Therefore, there is no basis for granting the applicant's request.

6.  The applicant was separated from active duty before 1 April 1974.  There is no retroactive date for the Air Assault Badge.  Therefore, there is no basis for granting the applicant's request.
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.  awarding him the Purple Heart for wounds received on 7 June 1966,

	b.  deleting from item 24 of his DD Form 214 for the period ending 4 April 1967, the Vietnam Service Medal, and

	c.  adding to item 24 of his DD Form 214 for the period ending 4 April 1967, the:

* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

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 Air Assault Badge and the Parachutist Badge.



      __________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)                                         AR20100007315



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100007315



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1