RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060003736


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland  C. Heflin            |     |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 that his records be corrected to show award of
the Purple Heart.

2.  The applicant states he was wounded in Vietnam in April of 1970 and was
told he would receive the Purple Heart but has not yet received it.

3.  The applicant provides a copy of a DD Form 689 (Individual Sick Slip)
and his DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1971, the date of his retirement.  The
application submitted in this case is dated 14 March 2006.

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 service medical records are believed to be on permanent
loan the Department of Veterans Affairs; hence, they are not available for
Board review.

4.  The records show the applicant first enlisted and served on active duty
from 4 June 1949 through 3 September 1952.  He enlisted in the Tennessee
Army National Guard (TNARNG) on 29 March 1954.  The applicant was called to
active duty on 24 January 1955 and reenlisted in the Regular Army on
2 February 1955.  He served on active duty until he retired on 31 July
1971.

5.  The record contains orders awarding the applicant the Good Conduct
Medal for the following periods: 4 January 1949 to 3 January 1952, 24
January 1955 to 23 January 1958, 12 January 1960 to 11 January 1963, 12
January 1963 to 11 January 1966, and 12 January 1966 to 11 January 1969.


6.  The last set of orders for award of the Good Conduct Medal, issued by
Headquarters, U. S. Army Personnel Center, Fort Lewis, Washington on
30 March 1971 for the period 12 January 1966 to 11 January 1969, awarded
the applicant the Good Conduct Medal (4th award).  The final DD Form 214
lists it as the third award.

7.  The record contains four sets of General Orders awarding the applicant
the Army Commendation Medal for meritorious service for the following
periods: October 1965 to April 1966, 10 May 1966 to 11 September 1967, 1
November 1967 to 19 October 1968, and 13 November 1968 to 15 January 1970.
Both of the last two sets of orders indicate the award is for the Army
Commendation Medal with 2nd Oak Leaf Cluster.  The final DD Form 214 lists
it as the Army Commendation Medal with 1st Oak Leaf Cluster.

8.  Headquarter, 2nd Basic Training Brigade, U. S. Army Training Command,
Fort Jackson Special Orders Number 154, dated 7 August 1969 awarded the
applicant the Sharpshooter Qualification Badge with Rifle bar for the M-16
rifle.

9.  A 19 April 1970 DD Form 689 that the applicant submitted indicates he
was placed on light duty with no prolonged standing or walking.  He was to
keep the dressing clean and dry and return to the clinic in three days for
closure.  The form does not indicate the nature or cause of the injury
although it was found to have occurred in the line of duty.

10.  A review of the Vietnam Casualty List failed to locate the applicant's
name.

11.  The record contains three variants of the DA Form 20 (Enlisted
Qualification Record).

      a.  The 1 April 1951 edition indicates the applicant qualified as a
sharpshooter with both the M-1 rifle, on 11 February 1949, and the M-1
carbine, on 20 July 1950.  It lists his awards as Army of Occupation
(Germany) and the Good Conduct Medal.

      b.  The 1 November 1954 edition indicates the applicant qualified as
a marksman with the M-1 carbine on 23 August 1954 and as an expert with the
  M-1 rifle on 4 April 1957.  It lists his awards as the Good Conduct
Medal.

      c.  The 1 January 1965 edition lists the applicant's awards as the
Bronze Star Medal, the Army Commendation Medal with one Oak Leaf Cluster,
the National Defense Service Medal with one Oak Leaf Cluster, the Good
Conduct Medal (3rd award), the Vietnam Service Medal, and the Republic of
Vietnam Campaign Medal with "1960" Device.  It indicates the applicant
served in Korea from 13 December 1958 through 29 December 1959 and in
Vietnam from 20 October 1967 through 19 October 1968 with the 542nd Medical
Company (Clearing); from 25 February 1970 through 25 November 1970 with
Headquarters and Headquarters Company, 1st Battalion, 27th Artillery
Regiment; and from 26 November 1970 through 21 February 1971 with
Headquarters and Headquarters Company, 2nd Battalion, 12th Artillery
Regiment.  It also indicates he served in Vietnam during six campaign
periods.

12.  The applicant's record contains five DD Forms 214.  These forms list
his awards as follows for the period ending:

      a.  3 September 1952; the Army of Occupation (Germany) and the Good
Conduct Medal;

      b.  31 January 1958; the Good Conduct Medal;

      c.  12 March 1961, "None";

      d.  12 March 1967; the Army Commendation Medal, the Good Conduct
Medal with two bronze loops, and the National Defense Service Medal with
1st Oak Leaf Cluster;

      e.  31 July 1971; the Bronze Star Medal, the Army Commendation Medal
with 1st Oak Leaf Cluster, the Good Conduct Medal (3rd Award), the National
Defense Service Medal with Oak Leaf Cluster, the Vietnam Service Medal, and
the Republic of Vietnam Campaign Medal;

13.  No separation documentation for the TNARNG period of service, 29 March
1954 through 1 February 1955, is associated with the record.

14.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  A silver
service star is authorized in lieu of five bronze service stars.  The
regulation also lists the designated campaign periods for which a bronze
service star is authorized for wear on the Vietnam Service Medal.  Based on
the applicant's dates of service in Vietnam, Appendix B indicates he served
during the following eight campaign periods: the Counteroffensive Phase
III, 1 June 1967 - 29 January 1968; the Tet Counteroffensive, 30 January
1968 - 1 April 1968; the Counteroffensive Phase IV, 2 April 1968 – 30 June
1968; the Counteroffensive Phase V, 1 July 1968 – 1 November 1968; the
Vietnam Winter-Spring 1970; 1 November 1969 - 30 April 1970; the DA
Sanctuary Counteroffensive 1 May 1970 - 30 June 1970; the Counteroffensive
Phase VII, 1 July 1970 - 30 June 1971; and the Consolidation I, 1 July 1970
– 30 November 1971.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that while the applicant was
assigned to the 1st Battalion, 27th Artillery Regiment and the 2nd
Battalion, 12th Artillery Regiment, both were awarded the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, by Department
of the Army General Order Number 51, dated 1971, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.

16.  Army Regulation 600-8-22, paragraph 2-8 provides for award of the
Purple Heart to an individual who is wounded in action against an enemy of
the United States, the armed force of a foreign country which is or has
been engaged, while serving with a friendly foreign forces against an
opposing force even though the U.S. is not engaged, as the result of any
act of such enemy or opposing force or as a result an act of any hostile
foreign force.  Substantiating evidence must be provided to verify that the
wound was the result of hostile action, the wound must have required
treatment by a medical officer, 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.

17.  At the time the applicant's DD Forms 214 were issued, only those
awards and decorations authorized during the period covered by the DD Form
214 were to be listed on the DD Form 214.  Current regulations, as set
forth by Army Regulation 635-5 (Separation Documents), paragraph 2-4h(13),
state that awards and decorations for all periods of service are to be
listed on the DD Form 214.

18.  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;  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal on four
occasions.  The orders incorrectly indicate only the second Oak Leaf
Cluster on his DD Form 214 and in the orders.  His records should be
corrected to reflect all four awards of this medal.

2.  The applicant was awarded the Good Conduct Medal on five occasions.
This is incorrectly indicated as the third award on the DD Form 214 and
fourth award in the orders.  His records should be corrected to reflect all
five awards of this medal.

3.  The applicant served in Vietnam during eight campaign periods.  As such
he is entitled to wear one silver service star and three bronze service
stars on his Vietnam Service Medal.

4.  The applicant served in Korea during the period for which the Korea
Defense Service Medal is authorized.  It is appropriates to correct his
records by awarding him this medal.

5.  Additionally, none of the applicant's marksmanship qualification badges
are listed on his DD Forms 214.  It is appropriate to correct the records
to show he was awarded of the Expert Marksmanship Badge with Rifle bar
(with the M-1 rifle) and the Sharpshooter Qualification Badge with Rifle
(with both the M-1 rifle and the M-16 rifle) and Carbine bars (for the M-1
carbine).

6.  Rather than correcting all of the DD Forms 214 it is appropriate to
utilize current standards and correct only the last DD Form 214 to reflect
all of the applicant's awards as follows: the Bronze Star Medal, the Army
Commendation Medal with four Oak Leaf Clusters, the Good Conduct Medal (5th
award), Army of Occupation Medal with Germany Clasp, the National Defense
Service Medal with one Oak Leaf Cluster, the Korea Defense Service Medal,
the Vietnam Service Medal with one silver and three bronze service stars,
the Republic of Vietnam Campaign Medal with "1960" Device, the Expert
Marksmanship Badge with Rifle bar, and the Sharpshooter Qualification Badge
with Rifle and Carbine bars.

7.  The available records are insufficient to show entitlement to award of
the Purple Heart.  The documentation provided by the applicant does not
show that whatever injury he received treatment for was the result of
hostile action. Therefore, correction of the record to award the Purple
Heart is not warranted.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1971.  Therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 July 1974.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case based on the fact there is no statute of
limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JTM __  __PBF__  ___RCH__  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by correcting the 31 July
1971 DD Form 214 to show the applicant's authorized awards as the Bronze
Star Medal, the Army Commendation Medal with four Oak Leaf Clusters, the
Good Conduct Medal (5th award), Army of Occupation Medal with Germany
Clasp, the National Defense Service Medal with one Oak Leaf Cluster, the
Korea Defense Service Medal, the Vietnam Service Medal with one silver and
three bronze service stars, the Republic of Vietnam Campaign Medal with
"1960" Device, the Expert Marksmanship Badge with Rifle bar, and the
Sharpshooter Qualification Badge with Rifle and Carbine bars.

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 a Purple Heart.

                                  __      John T. Meixell_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003736                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . . . .                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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