IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130016948 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* three awards of the Purple Heart
* award of the Air Assault Badge
* award of the Combat Action Badge
* completion of Ranger training in 1969

2.  The applicant states he was wounded three different times in Vietnam, twice in 1967 and once in 1968.  However, he only received one Purple Heart for his wounds.  He was shot in the head by a sniper, wounded in the field by a mortar round, and received a punji stake wound to his left ankle.  He further states he went to Ranger school in 1969 upon his promotion to grade E-5.

3.  The applicant provides a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) and a copy of his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Although the applicant lists a member of the VA as counsel, he did not render a request on the applicant's behalf.

2.  Counsel provides no additional statement.

3.  Counsel 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 enlisted in the Regular Army on 5 January 1967.  He served in the Republic of Vietnam from 8 July 1967 through 7 May 1968.  He was assigned to Company B, 2d Battalion (Airborne), 327th Infantry Regiment, from 18 July 1967 through 7 February 1968.

3.  On 18 December 1969, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Parachutist Badge
* Vietnam Service Medal
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)

4.  The applicant's military records contain no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.  However, his military records contain:

	a.  General Orders Number 19 issued by Headquarters, 93d Evacuation Hospital, dated 26 January 1968, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 24 January 1968; and

	b.  General Orders Number 1759 issued by Headquarters, 101st Airborne Division, dated 18 June 1968, awarding him the Purple Heart for wounds received in action on 23 January 1968.

5.  His DA Form 20 (Enlisted Qualification Record) fails to show he was awarded the Air Assault Badge or Combat Action Badge, or that he successfully completed the Ranger or air assault schools.  This form shows:
 
* item 40 (Wounds) – "PSW L/FOOT [punji stick wound, left foot] 23 Jan 68"
* item 41 (Awards and Decorations) – "Purple Heart GO#1759
Hqs101stAbnDiv"

6.  A review of The Adjutant General's Office Casualty Division's Vietnam Casualty Listing shows the applicant's name as a casualty from a punji stick wound on 23 January 1968.

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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any additional orders for the Purple Heart pertaining to the applicant.

8.  There is no evidence in his records such as a DA Form 1059 (Service School Academic Evaluation Report), certificate of training, certificate of completion, or other document and he did not provide any evidence that shows he successfully completed the Ranger or air assault courses.

9.  Army Regulation 600-8-22 (Military Awards) states 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 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.

10.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

11.  Army Regulation 600-8-22 states award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

12.  Army Regulation 600-8-22 states the requirements for award of the Combat Action Badge are branch and MOS immaterial.  The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  Chapter 2 states item 25 (Education and Training Completed) shows formal courses completed during the period covered by the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show three awards of the Purple Heart was carefully considered; however, there is insufficient evidence to support his claim.

2.  The evidence of record shows the applicant was wounded by a punji stick on 23 January 1968; however, orders awarding the Purple Heart were recorded in the applicant's military records for wounds sustained on 23 and 24 January 1968.  The Purple Heart is present on his DD Form 214.

3.  It appears the applicant was erroneously awarded the Purple Heart for the same wound by two separate orders-issuing authorities, once at the hospital and subsequently when he returned to his unit.  The only evidence to support award of the Purple Heart is the Vietnam casualty listing which shows the applicant's name as a casualty from a punji stick wound on 23 January 1968 and an annotation on his DA Form 20 also listing a punji stick wound occurring on 23 January 1968.  The applicant did not provide and his records do not contain sufficient evidence to substantiate his claim that he was wounded in action during a second or third separate incident, that the wounds required treatment, and that the medical treatment was made a matter of official record.  Based on the foregoing, there is insufficient evidence to support the applicant's claim to a second and third award of the Purple Heart in this case.

4.  Award of the Air Assault Badge requires satisfactory completion of an air assault training course or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  The evidence shows the applicant was honorably released from active duty on 18 December 1969; therefore, he did not meet the eligibility requirements for award of the Air Assault Badge.

5.  There are no regulatory provisions to retroactively award the Combat Action Badge prior to 18 September 2001; therefore, he did not meet the eligibility requirements for award of the Combat Action Badge.

6.  The applicant's records do not contain and he did not provide documentary evidence to confirm his attendance and/or successful completion of the Ranger or air assault courses.  Therefore, there is insufficient evidence to add these training courses to his DD Form 214.

7.  In light of the foregoing, he is not entitled to the requested relief.

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 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)                                         AR20130016948



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ABCMR Record of Proceedings (cont)                                         AR20130016948



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