IN THE CASE OF:  

		BOARD DATE:  9 December 2014 

		DOCKET NUMBER:  AR20140003961 


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:

* his rank as sergeant/E-5 (SGT)
* award of the Purple Heart
* authorized awards
* military schools completed

2.  The applicant states:

	a.  His rank was SGT and he never received his Purple Heart for shrapnel fragments from artillery and mortar rounds while engaged with the enemy (shrapnel below his right eye and left elbow) in Vietnam.  He suffered a concussion and his ear drum was injured.

	b.  None of his awards are listed on his DD Form 214, only a Vietnam ribbon. None of the schools he attended, jump school, demolition, etc., are listed.  He was classified as a demolitions expert for the 1st Cavalry Division.

	c.  He believes there was confusion about his Purple Heart because he broke his left wrist on his last operation and was in the field hospital.  He returned to his unit and then flew to California for discharge.  He was one of the first returnees to be processed for discharge from Vietnam from the 1st Cavalry Division.


	d.  When he discovered the error he requested his medical records from the Department of Veterans Affairs (VA).  The VA issued a certificate stating that he was a SGT.  He requests his DD Form 214 be corrected to show his rank as SGT.

3.  The applicant provides copies of:

* 12 January 1960 DD Form 214
* Certification of Military Service for 8 April 1960 to 7 April 1963
* 2 April 1966 DD Form 214
* 14 December 1964 Standard Form (SF) 88 (Report of Medical Examination)
* Combat Infantryman Badge (CIB) orders
* VA Form 07-3101 (Request for Information)
* VA Certificate showing his final rank as SGT
* email note from Mr. Ted D--------, subject:  Night Air Assault
* 27 July 2009 letter from Lieutenant Colonel (LTC) Retired, Theodore D________
* Outpatient Routing Slip, West Palm Beach VA Medical Center
* VA Progress Notes
* letter from Mr. Paul T----- with photographs of his paintings

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 was inducted on 30 January 1958.  He held military occupational specialty 111.10 (Light Weapons Infantryman).

3.  He was honorably released from active duty on 12 January 1960 in the rank of private first class/E-3.  He had completed 1 year, 11 months, and 13 days of active duty service

4.  His DD Form 214 shows his awards as the – 

* Expert Marksmanship Qualification Badge with Bayonet Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Second Class Gunner (Machinegun)

5.  He enlisted in the Regular Army for a period of 3 years on 8 April 1960.  He served in MOS 11B.

6.  He was honorably discharged on 7 April 1963 as a SGT. He had completed 3 years of active duty service during the period covered by his DD Form 214.  His DD Form 214 shows his awards as the Expert Marksmanship Qualification Badge with Rifle Bar.  There is no entry for service schools.

7.  He reenlisted for a period of 3 years on 8 April 1963.  His MOS is listed as 11B.

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

	a.  Item 27 (Military Education):  No entry.

	b.  Item 28 (Specialized Training), in part, Basic Airborne, 3 weeks, 23 April 1965.

	c.  Item 33 (Appointments and Reductions) he was promoted to SGT effective 2 July 1962 and he was reduced to corporal/E-4 (CPL) effective 
23 March 1966 and to PFC effective 25 March 1966.

	d.  Item 38 (Record of Assignments),  in part, he was assigned to Company A, 1st Battalion (Airborne), 8th Cavalry, 1st Cavalry Division (Vietnam) from
21 September 1965 to 28 March 1966.

	e.  Item 41 (Awards and Decorations) that he was awarded or authorized the –

* Parachutist Badge
* Combat Infantryman Badge
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

9.  He was honorably discharged on 2 April 1966 as a PFC.  He had completed 2 years, 11 months, and 25 days of active duty service during the 

period covered by the DD Form 214 and a total of 8 years, 2 months, and
3 days of active duty service.  His DD Form 214 shows his awards as the Parachutist Badge, CIB, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  There is no entry for service schools in item 28 (Service Schools or Courses, College Training Courses and/or Post-Graduate Courses Successfully Completed).

10.  His record contains Special Orders Number 82, 1st Cavalry Division (Airmobile) dated 23 March 1966, showing the applicant was reduced in rank from SGT to CPL effective 18 March 1966.

11.  The applicant provides:

	a.  An SF 88, dated 14 December 1964, showing he was qualified for airborne training.

	b.  An email note from Mr. Ted D--------, dated 2 November 2007, in which he states "Tomorrow marks the 42nd anniversary of the night A Company conducted the first night air assault in US Army history."

	c.  A letter from LTC Theodore S. D--------, Retired, dated 27 July 2009, in which he states the applicant was a member of Company A, 1st Battalion (Airborne), 8th Cavalry, 1st Cavalry Division and participated in numerous operations against enemy forces during the la Drang Valley campaign.

	d.  VA Outpatient Routing Slip and Progress Notes listing his service-connected disabilities and the percentage of each.

12.  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 orders pertaining to the applicant.

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

	a.  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.

	b.  The National Defense Service Medal is awarded for honorable active 

service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 
11 September 2001 and a date to be determined.

	c.  Bronze service star is authorized with this award for each Vietnam campaign the individual participated in. During his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Defense Campaign 8 March - 24 December 1965
* Vietnam Counteroffensive 25 December 1965 - 30 June 1966

	d.  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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows the 1st Battalion, 8th Cavalry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 1969 in Department of the Army General Orders (DAGO) Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in two campaigns during his service in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already­ awarded Vietnam Service Medal.

2.  He served a qualifying period of service for award of the National Defense Service Medal and the Republic of Vietnam Campaign Medal with Device (1960).

3.  During the applicant's service in Vietnam his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  His records show he completed Basic Airborne Training.

5.  His last DD Form 214 should be corrected to show these awards and completion of the service school.
6.  The applicant did not provide any evidence to support his assertion that he was entitled to award of the Purple Heart or that he was a SGT when he separated on 2 April 1966.

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:

	a.  deleting the Vietnam Service Medal from his 2 April 1966 DD Form 214; 

	b.  adding the following awards to his 2 April 1966 DD Form 214 –

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  adding to item 28 of his 2 April 1966 DD Form 214 the Basic Airborne Course, 3 weeks, 23 April 1965. 

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 correcting his 2 April 1966 DD Form 214 to show he was entitled to award of the Purple Heart or that his rank was SGT.



      _______ _   _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)                                         AR20110006177



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ABCMR Record of Proceedings (cont)                                         AR20140003961



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