IN THE CASE OF:	  

		BOARD DATE:	    4 November 2010

		DOCKET NUMBER:  AR20100012300 


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 DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.  He also requests, in effect, his service in Santo Domingo, Dominican Republic be shown on his DD Form 214 and item 29 (Other Service Training Courses Successfully Completed) on his DD Form 214 be corrected to show he completed infantry training. 

2.  The applicant states while patrolling in the field in Santo Domingo, Dominican Republic an explosive device made by the rebels detonated and he was hit by shrapnel along with a few other Soldiers in his group (June-August 1965).  He was not able to claim for the Purple Heart for this incident back when it happened because of the abrupt transfer and reassignment of duties to Fort Ord Training Center in California after serving in Santo Domingo.  He was being reassigned since he was not a U.S. citizen at the time and should not have been in a combat zone in the first place.  He later learned that his company (82nd Airborne) continued to serve in the Dominican crisis special operations and those who were injured like him were given special awards and Purple Heart medals.

3.  The applicant states on his way back to Fort Ord from Santo Domingo he was given orders from the Oakland Processing Center in California not to return to Fort Ord since he was being reassigned to Vietnam instead.  He was told he was being pulled out of Santo Domingo since he was not a U.S. citizen and shouldn't have been in combat only to find out that he was being sent to another combat zone in Vietnam.  Since this event and up to this day he is very disturbed at the way he was treated.  
4.  The applicant further states after serving about 7 months in Vietnam his service term was to expire and he was asked if he wanted to reenlist.  Despite the way he was mistreated and how he ended up in Vietnam he still wanted to serve more time and decided to reenlist.  However, he was later denied due to the fact he was again labeled a non-U.S. citizen.  This just added to the emotional distress that he experienced then and until this day.  He points out his DD Form 214 does not show his service in Santo Domingo, Dominican Republic or that he completed "Advance Infantry" training at Fort Ord prior to being assigned to the 82nd Airborne. 

5.  The applicant provides photographs of his presence in Santo Domingo, Dominican Republic with service members and Brazilian Soldiers.

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 was inducted into the Army of the United States on 14 July 1964.  Orders, dated 23 July 1964, show the applicant was assigned to Fort Ord, California for basic combat training.  Orders, dated 24 December 1964, show he was awarded military occupational specialty (MOS) 111.07 (light weapons infantryman).  He completed basic airborne training in January 1965.  He was assigned to the 82nd Airborne Division at Fort Bragg, North Carolina on 
14 January 1965.  He was awarded MOS 13A1P (field artillery basic crewman - parachute qualified) on 31 March 1965.  His "TEMP" [temporary] DA Form 20 (Enlisted Qualification Record) shows he served as a field artillery basic crewman in Vietnam.  On 17 July 1966, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.

3.  Item 24c (Foreign and/or Sea Service) on the applicant's DD Form 214 shows the entry "Vietnam 0 7 27" [7 months and 27 days].  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the Parachutist Badge, Good Conduct Medal, Vietnam Service Medal, National Defense Service Medal, and one award of the Overseas Service Bar as authorized awards.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows the entry "None."  Item 29 on his DD Form 214 shows he completed the Basic Airborne course in 1965.

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  

5.  The applicant's DA Form 20 does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  

6.  Item 31 (Foreign Service) on the applicant's DA Form 20 shows he served in Vietnam from 15 December 1965 to 4 July 1966. 

7.  There is no evidence of record which shows the applicant served in Santo Domingo, Dominican Republic during the period June to August 1965.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 by medical personnel, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  There is no provision to show temporary duty assignments or any assignment other than the unit of assignment upon separation on the DD Form 214.  The regulation in effect at the time provided that installation training courses (qualification courses), military correspondence courses, and off-duty courses successfully completed by enlisted personnel during the period covered by the DD Form 214 would be entered in item 29. 

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action.  There are no orders for the Purple Heart in the available records.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

2.  The photographs provided by the applicant were noted.  However, although he contends he served in Santo Domingo, Dominican Republic during the period June to August 1965, there is no evidence of record to support this contention.  In any case, the governing regulation states there is no provision to show any assignment other than the unit of assignment upon separation on the DD Form 214.  

3.  The applicant contends he completed infantry training at Fort Ord, California.  The orders which show the applicant was awarded MOS 111.07 in December 1964 are accepted as sufficient evidence on which to amend item 29 on his DD Form 214 to show he completed infantry training.  In addition, evidence of record also shows he completed field artillery basic crewman training in March 1965 and was awarded MOS 13A.  Therefore, item 29 on his DD Form 214 should be corrected to show this training.    

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 adding the entries "Light Weapons Infantryman training, 1964" and " Field Artillery Basic Crewman training, 1965" in item 29 on his DD Form 214.

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 or amending his DD Form 214 to show service in Santo Domingo, Dominican Republic.  



      __________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)                                         AR20100012300





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ABCMR Record of Proceedings (cont)                                         AR20100012300



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