IN THE CASE OF:	  

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140013799 


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 he was awarded the Purple Heart (PH), list the correct time in service in Vietnam, and correct the dates he was in service school for Skill Development Base (SDB) Manual Central Office Repairman (MAN CEN OFF RPMN) course.

2.  The applicant states, in effect:

* he was ordered to stay in country [Vietnam] until his replacement came, which was longer than what it states on his DD Form 214; 
* the dates he attended service school for SDB MAN CEN OFF RPMN at Fort Gordon, GA are incorrect 
* he is entitled to a PH due to a head injury he received in Vietnam

3.  The applicant provides his DD Form 214 for the period ending
2 November 1971.

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 12 November 1968, the applicant enlisted the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 36G (MAN CEN OFF RPMN).  

3.  His DA Form 20 (Record of Assignments) shows in:

* item 31 (Foreign Service), he completed a tour of duty in the Republic of Vietnam (RVN) for the period 22 October 1969 to 6 April 1970
* item 27 (Military Education), he completed a 12-week SDB MAN CEN OFF RPMN course in 1969
* item 41 (Awards and Decorations), he received the Vietnam Service Medal (VSM) and an Overseas Service Bar

4.  During his service in the RVN, he was assigned to the 270th Signal Company.   He participated in one campaign.  He returned to the United States on 
6 April 1970 and was assigned to the 3rd Squadron, 6th Armored Cavalry Regiment, in Fort Meade, MD.

5.  On 2 November 1971, he was honorably released from active duty.  His final DD Form 214 shows:

* National Defense Service Medal (NDSM)
* VSM 
* RVN Campaign Medal with Device (1960)
* Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* He completed the MAN CEN OFF RPMN SDB Course from May 1970 -September 1970

6.  The PH is not listed on his DD Form 214, and his OMPF is void of documentation showing that orders were issued awarding him the PH.  

7.  A review of the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division, does not show the applicant's name as a casualty.

8.  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 Awards and Decorations Branch of the U.S. Army Human Resource Command, failed to reveal any orders for the PH pertaining to the applicant.

9.  He provides a statement in his application in support of his request for a PH, stating that he sustained a head injury while in the RVN in 1969 to 1970.

10.   A review of his Official Military Personnel File (OMPF) shows he requested a PH from The Assistant Adjutant General's Office.  On 1 February 1985, they stated they were unable to verify his entitlement to the award of the PH. 

11.  The applicant's military medical record is not available.  However, on 
17 May 1972, he received a non-compensable disability rating from the Veterans Administration (VA) for a laceration over his left eye.  It does not state whether or not the laceration was received in RVN or when the laceration occurred.  

12.  Army Regulation 600-8-22 (Military Awards) states the PH 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

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, there are very few records available that document his service in Vietnam, and no official records indicate that he was injured as a result of hostile action.

2.  His own statement many years later is an insufficient basis for correcting the record to show he received the PH.  Award of the PH requires substantiating evidence verifying that a wound was the result of hostile action, that it required treatment by medical personnel, and that the medical treatment was made a matter of official record.  In the absence of such evidence, there is an insufficient basis upon which to award him the PH and add the award to his DD Form 214.  
   
3.  The applicant’s military personnel records shows he was assigned to duty in the RVN from 22 October 1969 to 6 April 1970.  There is no evidence the applicant served in the RVN any longer than 5 months and 15 days, which is already listed on his DD Form 214.

4.  The applicant DA Form 20 shows that the SDB MAN CEN OFF RPMN course was completed in 1969 vice 1970.  Therefore, due to an administrative error, the date that is listed on his DD Form 214 should be corrected to show May 1969 - September 1969 vice May 1970 to September 1970.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_________  ________  _______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  removing from his DD Form 214, item 25 (Education and Training Completed): Service School - Fort Gordon, GA - May 1970 - September 1970 - SDB MAN CEN OFF RPMN; and

   b.  adding to his DD Form 214, item 25: Service School - Fort Gordon, GA - May 1969 - September 1969 - SDB MAN CEN OFF RPMN.

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 the request for a PH and adding additional time served in the RVN.




      _______ _   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)                                         AR20140013799



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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