IN THE CASE OF:	  

		BOARD DATE:	  26 March 2014

		DOCKET NUMBER:  AR20130012729 


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.  As new issues, the applicant requests, in effect, correction of his records to show:

* he was shot in the head
* he received a snake bite
* he was awarded the Silver Star; Meritorious Service Medal; three Bronze Star Medals, one with "V" Device; and three Purple Hearts.
* he had an allotment and the month it was discontinued
   
2.  He also requests reconsideration of the denial for a correction of his DD Form 214 (Report of Transfer or Discharge) to:

* show his last name as Fxxxx
* show his rank as sergeant (E-5)
* show his civilian education level as 12th grade
* show he received a General Education Diploma (GED)
* issuing him a new DD Form 214 with all of the above corrections

3.  The applicant states:

* he wishes to be buried at Arlington National Cemetery when he dies and any errors in his records might prevent this from occurring
* the DA Forms 1577 (Authorization for Issuance of Awards) show more awards than are listed on his DD Form 214
* many of the records verifying his requests for changes were issued after he was discharged, others had never been filed, were misplaced, or were lost when his records were sent to the Department of Veterans Affairs (VA)
* he was married and received an off-base allotment

4.  The applicant provides copies of:

* his (original) DD Form 214
* Honorable Discharge Certificate
* 5 January 1972 U.S. Army Reserve discharge orders
* two official birth certificates and two related birth records
* a 3 August 1954 court order showing a last name change to Mxxxx
* a 15 September 1995 court order showing a last name change to Fxxxx
* his Selective Service Card and information letter
* a 23 August 1968 DA Form 428 (Application for Identification Card)
* copies of 9 DA Form 1577
* award certificates for three Bronze Star Medals
* award certificates for three Purple Hearts
* a Certificate of Meritorious Service
* a newspaper article referencing the applicant's awards
* a U.S. Armed Forces Institute GED certificate 
* 10 pages of photographs
* a Military Order of the Purple Heart letter and membership card 
* a 1987 VA application
* 4 statements related to the applicant's VA claim for benefits

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.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120017652, on 25 April 2013.  The majority of documents provided were of record at the time of the prior review.

3.  The applicant was previously granted a correction to his records showing his civilian education level as 12th grade and that he received a General Education Diploma (GED).  Therefore, these issues are moot and will not be further addressed.

4.  The applicant was born on 26 January 1947 with the given last name of Fxxxx. 

5.  On 3 August 1954, at the request of his mother, he and his brother had their names legally changed by adding their stepfather's last name, Mxxxx, to their birth names. 

6.  In 1966, the applicant was issued a Selective Service Card with the last name Mxxxx.

7.  On 20 January 1966, the applicant enlisted in the Regular Army, under the last name Mxxxx, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).

8.  He served in Vietnam from 3 July 1966 through 2 July 1967.

9.  The Vietnam Casualty List contains only one entry for the applicant.  It shows he was wounded on 3 August 1966.  

10.  The applicant received a temporary appointment to acting sergeant (E-5) on 3 November 1967 which was revoked on 13 August 1968.

11.  On 17 January 1969, he was honorably released from active duty with 2 years, 11 months, and 28 days of creditable active service.  His original        DD Form 214 shows: 

* his last name as Mxxxx
* his rank and grade as specialist four and E-4
* his date of rank as 28 February 1967
* he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

* at item 27b (Amount of Allotment and item 27c (Month Allotment Discontinued) N/A

12.  Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) shows he was wounded in the right knee by a bamboo sliver on 3 August 1966.

13.  The DA Forms 1577, prepared by the National Personnel Records Center (NPRC) between 30 July 1986 and 23 June 1999, show a variety of awards that they indicate the applicant was authorized.  The various documents provide different lists and the applicant has highlighted several awards that are not shown to have been authorized.  The forms, in a condensed form, show authorization of issuance of:

* (one) Bronze Star Medal
* (one) Purple Heart 
* Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Combat Infantryman Badge 
* Republic of Vietnam Campaign Ribbon with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

14.  The 30 July 1986 and 27 April 1990 DA Forms 1577 note that for NPRC to authorize issuance of the Silver Star, Meritorious Service Medal, or the Bronze Star Medal with "V" Device, the applicant needed to provide them with a copy of the general orders awarding him these medals.  There is also a notation that copies of all available certificates were enclosed.

15.  One copy of the 27 April 1990 DA Form 1577 has a handwritten entry in the authorized awards section for the Silver Star.  This entry is above the first typed entry of the Bronze Star Medal and is in the column heading line.

16.  On 15 September 1995, pursuant to his request, his last name was legally changed back to Fxxxx, dropping his stepfather's last name of Mxxxx.

17.  On 25 April 2013, the ABCMR granted partial relief affording the applicant the following corrections to his records:

   a.  amended his DD Form 214 to show award of the:

* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* 12 years Civilian Education – GED 

	b.  denied him:

* correction of his last name
* award of the Army Good Conduct Medal 
* correction of his rank and pay grade to sergeant, E-5
* inclusion of his 6th Armored Cavalry Regiment Certificate of Meritorious Service on his DD Form 214
* reissuance of an Honorable Discharge Certificate

18.  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 orders for any awards except for the 25th Infantry Division General Orders Number 711, date 9 August 1966, that awarded him the Purple Heart for wounds received on 3 August 1966.

19.  The Purple Heart award certificates provided do not contain order numbers and show award of the medal -

* issued 30 July 1986, for wounds received on 23 August 1966
* issued 3 July 1990, for wounds received on 3 August 1966
* issued 4 May 1999, for wounds received on 3 August 1966

20.  The date of his wound entered on the 30 July 1986 award certificate appears to have been altered.  The type font utilized for the day of wounding is not consistent with the rest of the certificate.

21.  The Bronze Star Medal award certificates provided do not contain order numbers and show award of the medal as:

* issued 30 July 1986, for outstanding meritorious achievement from July 1966 to June 1967
* issued 3 July 1990, for outstanding meritorious achievement from July 1966 to June 1967
* issued 4 May 1999, for meritorious service from April 1966 to August 1967

22.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

23.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It provides the following:

   a.  The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished themselves by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  

   b.  The Meritorious Service Medal is awarded to any member of the Armed Forces of the United States or to any member of the Armed Forces of a friendly foreign nation who has distinguished himself or herself by outstanding meritorious achievement or service.  After 16 January 1969 but prior to 11 September 2001, the Meritorious Service Medal was authorized to be awarded only for meritorious service or achievement while serving in a non-combat area.  
   
   c.  The Purple Heart is awarded for a wound sustained while 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 by medical personnel, and the medical treatment must have been made a matter of official record.
   
   d.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  
   
   e.  Not more than one decoration will be awarded for the same act of heroism, same period of meritorious service, or the meritorious achievement.  
   
   f.  There was no right or entitlement to any medal until the immediate commander has made a positive recommendation for its award and until the awarding authority has announced the award in general orders.
   
   g.  Chapter 10 outlines the policies and procedures governing eligibility criteria and issuance of various certificates and letters, including Certificates of Achievement for service.  It states that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual U.S. military personnel a DA Form 2442 (Certificate of Achievement) or a certificate of achievement of local design.  The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a certificate of achievement.  Certificates of achievement, letters of appreciation, and similar documents are not recorded on the DD Form 214.

24.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  As then in effect, it stated item 27b was used to indicate any allotment a Soldier had authorized an automatic direct reoccurring payment.  Item 27c was used to indicate the date an allotment was discontinued.

DISCUSSION AND CONCLUSIONS:

1.  While the National Personnel Records Center uses a Soldier's military records to complete a DA Form 1577, this form in-and-of-itself is not an official military record.  Without additional supporting evidence it cannot be used to justification for correcting a Soldier's records.

2.  The notation on the DA Form 1577 of the Good Conduct Medal is insufficient evidence by itself to support award of medal.  Further, as noted in the prior decision, the fact that the applicant had a "Good" efficiency rating for his last duty assignment would have barred him from award of the Good Conduct Medal.  The applicant has not provided and the record does not contain any documentation to warrant a reversal of the previous denial of this award.

3.  The applicant received the Purple Heart for a wound to his right knee on 3 August 1966.  He has not provided and the record does not contain any evidence of a head injury sustained as a result of enemy action. 

4.  The applicant has not provided and the record does not contain any evidence of a snake bite and, even if it did, a snake bite does not meet the criteria of being a wound or injury sustained as a result of enemy action.  

5.  The Purple Heart award certificates issued on issued 3 July 1990 and 4 May 1999 are reissues of certificates for the wound he received on 3 August 1966.  

6.  Therefore, there is insufficient evidence to show award of more than a single Purple Heart.

7.  The applicant was in Vietnam from 3 July 1966 through 2 July 1967.  The three certificates for the Bronze Star Medal record his period of service in slightly different ways leading to an impression of possible multiple periods and entitlement to multiple awards.  The general orders authorizing the Bronze Star Medal show the award for the period July 1966 to June 1967.

8.  The Bronze Star Medal award certificates issued on 3 July 1990 and 4 May 1999 are reissues of the earlier certificate and cover the same period of service.  They do not show entitlement to or award of additional Bronze Star Medals.

9.  The applicant has not provided and the record does not contain any evidence he was recommended for or awarded the Silver Star, Meritorious Service Medal, or a Bronze Star Medal with "V" Device.

10.  The applicant reports he received an "allotment" for being married and residing off base and this should have been entered on his DD Form 214.  What the applicant describes is basic allowance for quarters (BAQ).  An allowance is money provided to a service member whereas an allotment is money paid out by a service member.  

11.  The applicant has not provided and the record does not contain any evidence the applicant had an allotment.  Therefore, the "NA" entries at items 27b and 27c are correct.

12.  The applicant changed his name years after he was released from active duty; therefore, there is insufficient evidence on which to base correcting his name.

13.  The applicant had at one time been appointed an acting sergeant; however, he had never been promoted to sergeant.  Therefore, his rank is correctly shown as specialist four on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  In regard to the new issues, 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.

2.  In regard to the request for reconsideration, 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 to amend the decision of the ABCMR set forth in Docket Number AR20120017652, dated 25 April 2013.



      _____________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)                                         AR20130012729



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ABCMR Record of Proceedings (cont)                                         AR20130012729



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