IN THE CASE OF:    	  

		BOARD DATE:  30 September 2014  	  

		DOCKET NUMBER:  AR20140002526 


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 any awards due him including the Purple Heart and Combat Infantryman Badge.

2.  The applicant states he was a radio operator on a 12-man A-team in Laos from 24 May-22 September 1962.  He states he enclosed a notarized letter from the other radio operator on his team; his passport showing his arrival and departure from Laos; a page from a special forces book of his team; the first and last page of one of his log books; a letter from his commanding officer addressed to him at Military Assistance Advisory Group (MAAG); Laos with four photos; and his shot record showing shots in Laos.

3.  He further states that he was on a 5-man portable atom bomb team from 
1-30 October 1962.  He also asks if he is entitled to a Purple Heart due to post-traumatic stress disorder (PTSD) from combat and a Combat Infantryman Badge.

4.  The applicant provides:

* Department of Defense Identification Card
* photocopy of his passport
* photocopy of an envelope
* congratulatory letter
* White Star team roster
* Immunization Certificate
* various photographs
* message
* Certificate – notarized letter

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.  On 14 December 1959, the applicant enlisted in the Regular Army for 3 years.  He completed training and was awarded military occupational specialty 051.63 (Intermediate Speed (IS) Radio Operator).  The highest rank he held was sergeant/pay grade E-5.

3.  On 8 May 1962, he extended his enlistment to a period of 3 years and 3 months.

4.  His DA Form 24 (Service Record) shows in:

* Section 5 (Service Outside Continental United States) – he was credited with service in:

* Okinawa from 11 March-28 May 1962
* Laos from 29 May-22 September 1962
* Okinawa from 24 September 1962-26 February 1963

5.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* item 28 (Qualification in Arms):

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) 
* Expert Marksmanship Qualification Badge with Carbine Bar effective 22 December 1961

 
* item 38 (Record of Assignments) – he was performing duties as an IS Radio Operator while assigned to:

* Company C, 1st Special Forces Group (SFG) (Airborne), 1st Special Forces, during the periods 13 March-21 August 1962 and 9 October 1962-26 February 1963
* Company D, 1st SFG (Airborne), 1st Special Forces, during the period 22 August-8 October 1962

6.  On 27 February 1963, he was honorably released from active duty.  He completed 3 years, 2 months, and 14 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* Armed Forces Expeditionary Medal 
* Army Good Conduct Medal
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Carbine Bar 

7.  He provides:

* Headquarters, 1st SFG (Airborne), 1st Special Forces congratulatory letter, dated 18 September 1962, which shows his address as:  White Star Mobile Training Team, MAAG, Laos
* White Star roster showing he was assigned to a team as a radio operator from 29 May-28 September 1962 

8.  His official military personnel file is void of documentation showing he was wounded as a result of enemy action.

9.  His complete service medical records are not available for review.

10.  His records are void of any orders or other documents that indicate he was awarded the Combat Infantryman Badge by proper authority.

11.  Army Regulation 600-8-22 (Military Awards) states 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 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.  The Purple Heart is not awarded for PTSD.

	a.  The Combat Infantryman Badge is awarded to a Soldier in Laos from 19 April 1961 to 6 October 1962, assigned as a member of a White Star Mobile Training Team while the team was attached to or working with a unit of regimental or smaller size of Forces Armee du Royaume (FAR) or with irregular-type forces of regimental or smaller size; as a member of MAAG-Laos assigned as an advisor to a region or zone of FAR, or while serving with irregular-type forces of regimental or smaller size; and personally under hostile fire while assigned as specified above.

	b.  The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of orders or documentary evidence showing he was wounded or injured as a result of hostile action, treated for such wounds, and the medical treatment was made a matter of official record, there is an insufficient basis upon which to award him the Purple Heart and correct his DD Form 214 to show this award.

2.  His record shows he served in Laos from 29 May-22 September 1962 while assigned to a White Star Mobile Training Team.  Army Regulation 600-8-22 provides for the special provisions for entitlement to the Combat Infantryman Badge for service in Laos from 19 April 1961 to 6 October 1962.  It states that the Combat Infantryman Badge is awarded to a Soldier assigned as a member of a White Star Mobile Training Team while the team was attached to or working with a unit of regimental or smaller size of FAR or with irregular-type forces of regimental or smaller size; as a member of MAAG-Laos assigned as an advisor to a region or zone of FAR, or while serving with irregular-type forces of regimental or smaller size; or personally under hostile fire while assigned as specified above.  There is no evidence he came under hostile fire.  As such, there is an insufficient basis upon which to add the Combat Infantryman Badge to his DD Form 214.

3.  Evidence shows he served during a period of qualifying service authorized for the National Defense Service Medal.  Therefore, he is entitled to have this award added to his DD Form 214.

4.  His record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).  It further shows he was awarded the Expert Marksmanship Qualification Badge with Carbine Bar subsequent to the marksman level listed on his DD Form 214.  Therefore, he is entitled to have his DD Form 214 corrected to show the above qualification badges.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

   a.  deleting from his DD Form 214 the Marksman Marksmanship Qualification Badge with Rifle Bar (Carbine) and
   
    b.  adding to his DD Form 214 the following awards:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Carbine Bar 

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 and Combat Infantryman Badge.




      _______ _  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)                                         AR20140002526



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ABCMR Record of Proceedings (cont)                                         AR20140002526



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