BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150008148 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ____x____ ___x__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150008148 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 adding to his DD Form 214 for the period ending 1 March 1967 the: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 Carbine) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 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 the Purple Heart or Foreign Service in Vietnam. ____________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. BOARD DATE: 24 March 2016 DOCKET NUMBER: AR20150008148 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: * award of the Purple Heart * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Purple Heart and all other awards he is authorized * correction of his DD Form 214 to add his foreign service in Vietnam 2. The applicant states that the Army should never have accepted him for enlistment because he was underweight. He was injured by a landmine explosion while serving in Vietnam; he sustained head trauma, 95 percent (%) of his teeth are gone, he still has shrapnel in his spine and his left side, he has lower back damage, and he has hearing loss. He received dentures at a hospital in Saigon, Vietnam sometime between September and October of 1963 and then received 90 days of paid medical leave before returning on 2 March 1964. He reenlisted while he was on medication from a land mine explosion and he never received a medal for being in combat. He fought for his country and now he fights to live. He seeks to receive reward and compensation for all the damages he endured. Because of his service in Vietnam he now has to use a cane, he has stomach, colon, and prostate cancer, and he has post-traumatic stress disorder (PTSD) and was exposed to Agent Orange. The traumatic experience of his injury in Vietnam caused memory loss. He still suffers from nightmares, headaches, and mood swings. 3. The applicant provides page 2 of a Standard Form (SF) 88 (Report of Medical Examination) dated 13 December 1960 and two DD Forms 214 for the periods ending 13 December 1963 and 1 March 1967. 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's record contains an SF 89 (Report of Medical History) and an SF 88, dated 13 December 1960. These documents show the examining physician initially indicated the applicant was underweight; however, his physician lined through this indicating the entry was incorrect. Additionally, these forms show he was in good health and fully qualified for enlistment. 3. The applicant enlisted in the Regular Army on 3 January 1961. 4. His DA Form 24 (Service Record) and DA Form 20 (Enlisted Qualification Record for the period of 3 January 1961 to 13 December 1963 show he was assigned to: * Fort Hood TX for reception and basic combat training 3 January 1961 to 10 March 1961 * Fort Gordon, GA for advanced individual training from 24 March 1961 to 13 July 1961 * Company B, 17th Signal Battalion, Germany from 26 July 1961 to 17 July 1963 * Company B, 69th Signal Battalion, France from 18 July 1963 to 29 July 1963 * Company B, 69th Signal Battalion, Fort Eustis, VA from 12 August 1963 to 13 December 1963 5. His record contains an SF 603 (Health Record-Dental) which shows: a. he was treated by the dental clinic at Fort Hood, TX from 10 January 1961 to 10 March 1961. On 10 January 1961, his dentist noted he was missing bottom teeth 32 and 17. b. he was treated by the dental clinic at Fort Gordon, GA from 27 March 1961 to 5 June 1961. His dentist noted: * 28 April 1961 - tooth decay on upper tooth number 3 * on 8 May 1961 - tooth decay on upper tooth number 4 c. he was treated by the dental clinic at Neureut Kaserne, Karlsruhe, Germany from 26 July 1961 to 15 July 1963. His dentist noted: * on 21 August 1961 - upper teeth numbered 7 and 8 extracted due to tooth fractures * on 11 November 1961 - an impression was taken for partial dentures for teeth 7 and 8 * on 30 November 1961 - instructions for partial dentures * on 26 March 1962 - periodontal abscess of bottom tooth number 28 that required an incision and draining * on 29 March 1962 - root canal, bottom tooth number 28 * on 17 April 1962 - issues with upper tooth 5 * on 19 April 1962 - repeat fill of root canal, bottom tooth number 28 * on 30 January 1963 - hyper occlusion of top teeth 3 and 4 * on 15 July 1963 - partial denture repair d. he was treated by the dental clinic at Fort Eustis, VA from 12 August 1963 to 21 November 1963. 6. His record contains an SF 89 and an SF 88 showing he had a separation physical at McDonald Army Hospital, Fort Eustis, VA on 6 November 1963. These records show the applicant checked boxes indicating he had severe tooth or gum trouble; he had a bone, joint, or other deformity; he had a painful or "trick" shoulder or elbow; and he had foot trouble. The examining physician noted that there had been no change in the applicant's physical status while he was on active duty. The examining physician also noted: * he was missing upper teeth 7 and 8, which were replaced by dentures * upper teeth 1, 2, 3, 5, and 14 had had problems or decay but were restorable * he was missing bottom teeth 17 and 32 or these teeth were not restorable * bottom teeth 31, 30, and 19 had problems or decay but were restorable * he had vision correctable to 20/20 * his hearing was within normal limits * he was qualified for separation 7. He was honorably released from active duty on 13 December 1963. His DD Form 214 shows he completed 2 years, 11 months, and 11 days of net active service, of which 2 years and 1 day were credited as foreign service in U.S. Army Europe (USAEUR). Additionally, he was awarded the: * Army Good Conduct Medal (1st Award) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 Carbine, and M-14) * 1 Year Safe Driver Badge 8. He enlisted in the Regular Army on 2 March 1964. 9. His DA Form 20 for the period of 2 March 1964 to 1 March 1967 shows he was assigned to: a. Headquarters and Headquarters Detachment, U.S. Army Missile Support Command, Redstone Arsenal, AL from 2 March 1964 to on or around 10 March 1965; b. U.S. Army Research Support Group, Fort Belvoir, VA from 11 March 1965 to 6 October 1966. During this assignment, he also served/deployed to Greenland from 26 April 1965 to 8 September 1965 and from 11 April 1966 to 24 August 1966; and c. Company B, 5th Signal Battalion, Fort Carson, CO from 19 October 1966 to 1 March 1967. 10. Special Orders (SO) Number 137, issued by Headquarters, U.S. Army Support Command, U.S. Army Missile Command, Redstone Arsenal, AL, on 8 July 1964 awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 Carbine). 11. SO Number 25, issued by U.S. Army Research Support Group, Fort Belvoir, VA, on 18 March 1966 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 12. He was honorably discharged from active duty on 1 March 1967. His DD Form 214 shows he completed 3 years of net active service, of which 8 months and 27 days were credited as foreign service in Greenland. Additionally, he was awarded or authorized the: * Army Good Conduct Medal (1st Award) * National Defense Service Medal 13. His record does not contain orders awarding him the Purple Heart and 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 and maintained by the U.S. Army Human Resources Command (HRC) – failed to reveal orders awarding him the Purple Heart. 14. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster does not show the applicant's name as a casualty at any time. REFERENCES: 1. 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 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. This regulation also provides for award of the Purple Heart to individuals wounded or killed as a result of “friendly fire” in the “heat of battle” as long as the “friendly” projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It stated to enter the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed (e.g. USAREUR). DISCUSSION: 1. The applicant requested award of the Purple Heart and correction of his DD Form 214 to add the Purple Heart, foreign service in Vietnam, and any other awards he is entitled. 2. The applicant stated he served in Vietnam. However, his military records do not contain any official records or documentation that places him in Vietnam. 3. The criteria for award of the Purple Heart state the wound for which the award is made must have been sustained as a result of hostile action, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record. 4. The applicant's records do not contain and he did not provide any medical records to show he suffered a combat wound or injury or that he received treatment for a combat wound or injury. Additionally, there is no reference in his available service records to a combat injury or wound or treatment for such injury or wound. 5. SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1 Carbine) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). These badges are not listed on his DD Form 214 for the period ending on 1 March 1967. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008148 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008148 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2