IN THE CASE OF:	  

		BOARD DATE:	    3 February 2011

		DOCKET NUMBER:  AR20100019030 


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:

* total foreign service
* award of the Purple Heart and Vietnam Service Medal
* last rank and pay grade as specialist four (SP4)/E-4

2.  He states he:

* served a total of 41 months (3 years and 5 months) in Vietnam and 2 years in Germany
* should have received the Purple Heart and Vietnam Service Medal
* held the rank/pay grade of SP4/E-4
* was assigned to the 101st Airborne Division, 82nd Airborne Division, 173rd Airborne Brigade, and 85th Field [Evacuation] Hospital
* was wounded in the right ankle by a punji stake while assigned to Company A, 1st Battalion, 503rd Infantry Regiment, 82nd Airborne Division in 1967/68
* was medically evacuated due to seizures before his Purple Heart could be awarded

3.  He provides no additional evidence.



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 complete military records are not available to the Board.  However, there are sufficient documents in his service record for the Board to conduct a fair and impartial review of this case.

3.  He enlisted in the Regular Army on 23 June 1961 and was discharged on 24 June 1963 for the purpose of immediate reenlistment.

4.  Headquarters, 82nd Airborne Division, published Special Orders Number 151, on 25 June 1963, which show he reenlisted on 25 June 1963 for a period of 6 years in the grade of private first class/E-3.  These orders also show he was further reassigned to U.S. Army Europe, but do not specify his reporting date.

5.  His service record includes documents which show he was assigned to Headquarters, 1st Battalion, 2nd Artillery, in Germany between February 1964 and June 1965.  The specific dates he served in Germany are not available.  Documents include:

* two DA Forms 8-274 (Medical Condition – Physical Profile Record), dated 3 February 1964 and 11 September 1964
* two DA Forms 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice), dated 22 September 1964 and 5 November 1964
* Unit Order Number 2, dated 12 January 1965
* Unit Orders Number 28, dated 7 June 1965

6.  Headquarters Battery, 1st Battalion, 2nd Artillery, 8th Infantry Division, Unit Orders Number 28, dated 7 June 1965, show he was promoted to SP4/E-4 effective 7 June 1965.

7.  Headquarters, 1st Brigade, 101st Airborne Division, Special Orders Number 220, dated 8 August 1966, show he was promoted to specialist five (SP5)/E-5 and was awarded military occupational specialty 91B2P (Medical Specialist - Parachutist) effective 8 August 1966.  These orders also show he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 502nd Infantry Regiment, in Vietnam at the time.

8.  His service record includes documents which show he was assigned to units in Vietnam on various dates between December 1967 and January 1968 and September 1968 to April 1969.  During this period, he accepted nonjudicial punishment under Article 15 on 21 March 1969 which reduced him from SP5/E-5 to SP4/E-4.  Documents include:

* DA Form 2627-1, dated 27 December 1967
* Special Orders Number 8, dated 8 January 1968
* Special Orders 251, dated 7 September 1968
* Special Orders 256, dated 12 September 1968
* Special Orders Number 98, dated 8 April 1969

9.  His DA Form 20 (Enlisted Qualification Record) prepared from temporary records on 23 May 1969 shows:

* item 31 (Foreign Service) – arrival date in Vietnam not indicated and departure date from Vietnam as 24 May 1969
* item 33 (Appointments and Reductions) – SP4/E-4 effective 23 March 1969
* item 40 (Wounds) – no entries
* item 41 (Awards and Decorations) – doesn't list the Purple Heart or Vietnam Service Medal

10.  His service record does not contain any orders which show he was awarded the Purple Heart.  The Vietnam casualty roster doesn't list his name.

11.  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 orders for the Purple Heart pertaining to the applicant.



12.  He was discharged on 25 May 1969.  His DD Form 214 shows:

* item 5a (Grade, Rate or Rank) – SP4
* item 5b (Pay Grade) – E-4
* item 22c (Foreign and/or Sea Service) – 6 months and 19 days
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – no award of the Purple Heart or Vietnam Service Medal
* Item 30 (Remarks) – private first class (PFC) E-3 (P) (item 5a)

13.  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.

14.  References:

	a.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time directed that:

		(1)  total active duty outside the continental limits of the United States performed during the period covered by the DD Form 214 would be entered in item 22c and

		(2)  the grade in which enlisted personnel served at the time of separation would be entered in item 5a and pay grade in item 5b.

	b.  Army Regulation 600-8-22 (Military Awards) provides 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.

	c.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations.

	d.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was in Germany during the period June 1963 to June 1965.  However, there is no evidence showing the specific dates of his arrival and departure.

2.  The evidence of record also shows he was in Vietnam during the period August 1966 to May 1969.  However, there is no evidence showing the specific dates of his arrival and departure.

3.  Since the specific dates of his service in Germany and Vietnam are not available, it is not possible to determine his exact amount of foreign service.  Therefore, it would not be appropriate to amend the foreign service shown on his DD Form 214.

4.  His service record does not contain orders which authorized him award of the Purple Heart or evidence to show he was wounded in the right ankle by a punji stake in 1967/68.  In addition, his name isn't listed on the Vietnam casualty roster.  In the absence of evidence that shows he was wounded or injured as a result of hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5.  Based on his service in Vietnam, he is eligible for award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960).  In addition, the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  He served in Vietnam during a qualifying period and is eligible for this award.  Therefore, these awards should be added to his DD Form 214 for the period ending 25 May 1969.

6.  His DD Form 214 for the period ending 25 May 1969 shows he was discharged on 25 May 1969 in the rank of SP4/E-4.  Based on Army Regulation 635-5, the DD Form 214 is meant to reflect his status as of his last day of active duty on 25 May 1969.  As of that date, he was an SP4.  Therefore, his DD Form 214 already reflects his rank and pay grade as SP4/E-4.
7.  The applicant might be looking at item 30 of his DD Form 214 and seeing that his permanent rank was PFC.  However, his temporary rank (and even though temporary this was the rank and grade he was paid at) of SP4/E-4 is properly reflected in items 5a and 5b of his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__X_____  __X____  __X_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 25 May 1969 by adding the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined 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:

* showing he served a total of 3 years and 5 months of foreign service in Vietnam and 2 years in Germany
* award of the Purple Heart



      _______ _ 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)                                         AR20100019030



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ABCMR Record of Proceedings (cont)                                         AR20100019030



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