RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050006192


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded the Purple Heart,
with oak leaf cluster, and that his service in Vietnam be added to his DD
Form 214, Armed Forces of the United States, Report of Transfer or
Discharge.

2.  The applicant states, in effect, that his service in Vietnam, with the
1st Cavalry Division, is not shown on his DD Form 214 but, it does identify
the following medals given to him:  the Vietnam Service Medal, with two
bronze service stars; the Republic of Vietnam Campaign Medal, with '60
Device; and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.

3.  The applicant adds that none of his service time with the 1st Cavalry
Division, in the Republic of Vietnam, in An Khe, is acknowledged.  During
this time, he was assigned to the 13th Signal Battalion.  Enemy rockets hit
his electronics maintenance tent and on two occasions, shrapnel hit him in
the stomach and legs.  To his knowledge, he was never issued a Purple Heart
nor did he ever receive one.

4.  The applicant provided only a copy of a letter he addressed to the
Department of Veterans' Affairs (VA), Alaskan Health Care System and
Regional Office, dated 15 April 2005, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 January 1979, the date of his separation for the
purposes of retirement.  The application submitted in this case is dated 15
April 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3.  The applicant’s military records show that he served in the United
States Navy from 13 September 1951 through 25 August 1955.  He was
honorably separated as a Seaman 1st Class, was transferred to the Naval
Reserve, and served in that component from 26 August 1955 through 12
September 1959 when he was honorably discharged.

4.  The DD Form 214 issued to the applicant on his separation from active
duty in the Navy shows he was awarded the National Defense Service Medal,
the Korean Service Medal, and the United Nations Service Medal.

5.  The applicant's records show he enlisted in the Regular Army on
31 December 1962 and continued his active duty service through a series of
reenlistments.

6.  The applicant was honorably discharged from active duty on 31 January
1979, under the provisions of Army Regulation (AR) 635-200, for the
purposes of retirement, in the rank and pay grade of Sergeant First Class,
E-7, with 20 years and 13 days active military service, and 24 years and 1
month total service for pay.

7.  During his Army service, the applicant served in the Republic of Korea
from 22 September 1963 through 6 October 1964 and in the Republic of
Vietnam from 22 March 1966 through 20 March 1967.

8.  The applicant was assigned to Headquarters and Headquarters Company,
13th Signal Battalion, 1st Cavalry Division, in Vietnam.

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the Army Commendation Medal, with two oak leaf
clusters; the Good Conduct Medal (4th Award); the National Defense Service
Medal; the Vietnam Service Medal (two campaigns) [which correctly should
have been shown as the Vietnam Service Medal, with two bronze service
stars]; the Republic of Vietnam Campaign Medal, with 60' Device; and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  The Purple
Heart, with oak leaf cluster, is not shown among his awards.

10.  Item 4 (Assignment Considerations) and Item 27 (Remarks), of the
applicant's DA Form 2-1, Personnel Qualification Record, Part II, are
blank.  There is no entry
in Item 9 (Awards, Decorations, and Campaigns), of the DA Form 2-1,
showing the applicant received the Purple Heart.  There are no orders in
the applicant's military personnel records, which award him the Purple
Heart.

11.  The applicant's name is not shown on the Vietnam Casualty List.

12.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to,
Headquarters and Headquarters Company, 13th Signal Battalion, 1st Cavalry
Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citations; however, not while the applicant was assigned to the unit.
The unit was awarded the Meritorious Unit Commendation for the period
September 1965 through March 1967, by Department of the Army General Orders
(DAGO) Number 17, dated 1968, while he was a member of the unit.  This unit
award is not shown on his DD Form 214.

13.  The applicant is entitled to the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, which was awarded to his unit under "blanket
authority" of DAGO Number 8, dated 1974.  This unit award is already shown
on his DD Form 214.

14.  The applicant's service in Vietnam is included in his DD Form 214,
which covers the period of service from 11 June 1964 through 10 June 1970.
 Item 22 (Foreign and or Sea Service), of the applicant's DD Form 214,
gives him credit for 1 year, 3 months, and 6 days foreign service.  The
applicant reenlisted at Camp Walker, Korea, on 11 June 1964.  By the date
of his reenlistment, he had completed 8 months and 20 days of his
assignment in Korea.  The remaining time from 11 June 1964 through the end
of his recorded tour in Korea, 6 October 1964 (3 months and 25 days) was
recorded on the DD Form 214 with an effective date 10 June 1970 coupled
with the time he spent in Vietnam (11 months and 29 days).  The correct
total shown in Item 22.f. should be 1 year, 3 months, and 24 days as
opposed to the currently shown 1 year, 3 months, and 6 days.

15.  AR 600-8-22 provides, in pertinent part, that the Purple Heart is
awarded for a wound sustained 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, and the
medical treatment must have been made a matter of official record.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.  The second and subsequent award
of the National Defense Service Medal is identified with a bronze service
star affixed to the ribbon.

17.  Army Human Resources Command Message (Date Time Group
9 February 2004) published implementing instructions for award of the Korea
Defense Service Medal.  This message specified criteria for the award of
the Korea Defense Service Medal as follows:


      a) service members of the armed forces must have served in support of
the defense of the Republic of Korea from 28 July 1954 through a future
date to be determined by the Secretary of Defense;


      b) the area of eligibility encompasses all land area of the Republic
of Korea, and the contiguous water out to 12 nautical miles, and all air
spaces above the land and water areas; and


      c) service members must have been mobilized with units or assigned or
attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for 30 consecutive or 60 
non-consecutive days.

18.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:


      a) be engaged in actual combat during an armed engagement, regardless
of the time in the area of eligibility;


      b) is wounded or injured in the line of duty and requires medical
evacuation from the area of eligibility;


      c) participates as a regularly assigned air crew member flying sorties
for 30 consecutive days or 60 nonconsecutive days into, out of, within, or
over the area of eligibility in support of military operations; or


      d) served in operations and exercises conducted in the area of
eligibility as long as the basic time criteria is met.


The message further provided that, due to extensive time period for the
Korea Defense Service Medal eligibility, the non-consecutive service period
for eligibility remains cumulative throughout the entire period.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

20.  Army Regulation 670-1, in effect at the time, governed the
requirements for the Overseas Service Bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

21.  The applicant served in the Navy and was awarded the Korean Service
Medal and the United Nations Service Medal.  It appears he is entitled to
award of the Korean War Service Medal; however, the Army Board for
Correction of Military Records (ABCMR) cannot address this award in these
Proceedings.  The Department of the Navy and the Department of the Air
Force correct records for veterans of their respective service.  Therefore,
the applicant’s request pertaining to award of the Korean War Service Medal
must be addressed and considered by the Board for Correction of Naval
Records.

22.  AR 635-5 prescribes the separation documents that must be prepared for
soldiers on retirement, discharge, release from active duty service, or
control of the Active Army.  It establishes standardized policy for
preparing and distributing the DD Form 214 (Certificate of Release or
Discharge from Active Duty).  The edition of the regulation in effect at
the time of the applicant's honorable discharge for the purpose of his
reenlistment, on 10 June 1970, prescribed, in paragraph 51.b, that the
total amount of foreign service completed during the period covered by the
DD Form 214 would be entered in Item 22.c. and the theater of service would
be identified (e.g., USARPAC for Korea and Vietnam).

23.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign Service award to eligible US veterans
of the Korean War, or their surviving next of kin.  The medal is provided
at no cost to veterans.  The Department of Defense assigned responsibility
to the Department of the Air Force for distribution of the Korean War
Service Medal to eligible veterans or their surviving next of kin.  To
apply, veterans must submit a copy of their discharge paper (DD Form 214)
to the Awards and Decorations Section, Headquarters, Air Force Personnel
Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-
4714.  A sample request form is being provided to the applicant.  Once the
Department of the Air Force has authorized the Korean War Service Medal,
the applicant may, in this case, apply to the Board for Correction of Naval
Records to add this foreign award to his DD Form 214, with a separation
date of 22 August 1955.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant provided none, to the Board,
which would support his statement that he was twice wounded while he served
in Vietnam.

2.  The applicant's name does not appear on the Vietnam Casualty List and
the limited number of medical documents in his service records do not show
he was treated for a wound resulting from enemy action.

3.  The applicant departed from Vietnam on 20 March 1967.  After his return
from Vietnam, he reenlisted on 11 June 1970, 8 May 1974, and on 14 April
1978.

4.  The applicant applied for and was authorized to retire for non-
disability reason on 31 January 1979

5.  For each reenlistment and in preparation for his retirement, the
applicant was required to undergo either a reenlistment or a separation
physical examination.  Even though the results of these examinations are
not available for review by the Board, it must be presumed that the
applicant was found fit for continuation on active duty and for
separation for the purposes of retirement at each examination.  During
any of these examinations, he could have brought his alleged wounds to
the attention of an examining physician.  There is no indication that he
did this.  Based on this lack of any indication that the enemy wounded
him in action, the applicant is therefore not entitled to award of the
Purple Heart.

6.  While in Vietnam, the applicant served in a unit that was awarded the
Meritorious Unit Commendation while he was a member of the unit.  He is
therefore entitled to this unit award and to have it added to his DD Form
214.

7.  The applicant served in Vietnam for one year, from the month of his
arrival to the month of his departure.  He is therefore entitled to award
of two overseas service bars and to have them added to his DD Form 214.

8.  The applicant was awarded the National Defense Service Medal while he
served in the Navy.  The applicant met the criteria for his second award of
the National Defense Service Medal, in effect, the National Defense Service
Medal, with bronze service star, with his honorable Army service for the
period from 1 January 1961 through 14 August 1974, and to have this award
correctly shown on his DD Form 214.

9.  During his Army service, the applicant served in the Republic of Korea
during the qualifying period for award of the Korea Defense Service Medal.
He is therefore entitled to award of the Korea Defense Service Medal and to
have it added to his DD Form 214.

10.  The applicant served a complete tour of duty in the Republic of
Vietnam and as an exception to policy contained in AR 635-5, in effect at
the time of the applicant's separation for the purposes of retirement, an
entry will be made in Item 27 (Remarks) of his DD Form 214, with an
effective date of 31 January 1979 as follows:  "Service in Vietnam 660322 –
670320."

11.  In the interest of preserving administrative time and simplifying
entries to be made on official Army records, all corrections made as a
result of these Proceedings, will be made on the last DD Form 214 (with an
effective date of 31 January 1979) issued to the applicant.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_KLW___  _QAS____  _DED___  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis create a single correctional document showing all
recommended corrections on the DD Form 214, with an effective date of 31
January 1964, by:

      a.  awarding the applicant the National Defense Service Medal, with
one bronze service star, the Korea Defense Service Medal, and two overseas
service bars and, adding these awards to his DD Form 214;


      b.  awarding the applicant the Meritorious Unit Commendation and
adding this unit award to his DD Form 214; and


      c.  making an entry in Item 27 (Remarks), of the applicant's DD Form
214, to show his service in Vietnam as follows:  "Service in Vietnam 660322
– 670320."




                                  ___Kenneth L. Wright   ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006192                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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