IN THE CASE OF:	  

		BOARD DATE:	  31 November 2010

		DOCKET NUMBER:  AR20100014315


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 his DD 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect assignment to the 553d Engineer Company Float Bridge (FB) with military occupational specialty (MOS) 62F2O.  He also requests award of the Purple Heart.

2.  The applicant states, in effect, that he was not a clerk at any time he was in the military, he was a combat engineer.  He also states, in effect, that while in Da Nang, his truck ran over a land mine and he received shrapnel in his right leg and neck.  He did not go to medical aid.  The medic “doctored him up.” 

3.  The applicant provides the following: 

* Two DD Forms 293 (Application for the Review of Discharge from the Armed Forces of the United States) 
* DD Form 214, dated 19 March 1970
* Map of Vietnam
* One page extract describing the Vietnam war
* Department of Veterans Affairs Improved Pension Eligibility Verification Report with handwritten continuation page listing household expenses
* Orders Number 52, paragraph 3, dated 7 August 1967, announcing promotion of the applicant to private first class, E-3, MOS 62F2O


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 enlisted in the Regular Army on 20 March 1967.  He completed basic combat and advanced individual training (AIT) and was awarded MOS 62F (Crane Shovel Operator).  On 12 February 1969, he was awarded MOS 71L2O (Administrative Specialist) as his primary MOS and MOS 62F was made his secondary MOS.  

3.  Records show the applicant served in the Republic of Vietnam (RVN) from on or about 29 July 1967 to 24 July 1968.  During this time his DA Form 20 (Enlisted Qualification Record) reflects he was assigned to the 553d Engineer Company (FB) with duty in MOS 62F2O.  

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 19 March 1970 and transferred to the USAR Control Group (Reinforcement).  The applicant completed 3 years of total active service.   

5.  The applicant's DD Form 214, Item 23a (Specialty Number and Title), shows 71L2O Administrative Specialist.  Item 24 of that 214 reflects he awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal 1960 Device, the Expert Marksmanship Qualification Badge (M-14 Rifle), the Marksman Marksmanship Qualification Badge (M-16 Rifle), and the Good Conduct Medal.

6.  The applicant's DA Form 20, item 40 (Wounds), does not contain any entries identifying wounds sustained by the applicant during his service in Vietnam. 

7.  The applicant's available records do not contain any orders for the Purple Heart, nor does his name appear on the Vietnam Casualty Listing.

8.  A 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.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  

10.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed that the Soldier’s primary MOS code number and title would be entered in item 23a of the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his DD Form 214 be corrected to reflect assignment to the 553d Engineer Company (FB) with MOS 62F2O was carefully considered; however, there is insufficient evidence to support this request.  Additionally, there is insufficient evidence to support his request for award of the Purple Heart. 

2.  The applicant was awarded MOS 62F upon completion of AIT and, according to his DA Form 20, he performed duty in that MOS during his assignment to Vietnam.  Army Regulation 635-5 prescribed that the Soldier’s primary MOS code number and title would be entered in item 23a.  The applicant was awarded MOS 71L on 12 February 1969 and that was his primary MOS when the DD Form 214 was issued on 19 March 1970.

3.  Neither the applicant's available records nor the Vietnam Casualty Listing provide any evidence that the applicant was wounded, that those wounds were the result of hostile action that required treatment, or that the resulting medical treatment was made a matter of official record.

4.  There is no additional evidence in the available records which show the applicant sustained and was treated for wounds sustained as a result of hostile action.  Absent such evidence there is an insufficient basis on which to grant 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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100014315



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1