RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060005074 


	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.


	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, award of the Purple Heart (PH); and that his record be corrected to show his entitlement to the following awards:  Combat Action Badge (CAB); Korea Defense Service Medal (KDSM); 50th Anniversary Korean Commemorative Medal; Cold War Victory Medal (CWVM); Foreign Expeditionary Service Commemorative Medal; Overseas Service Medal (officially known as the Overseas Service Ribbon (OSR); United States Army Commemorative Medal; Honorable Service Commemorative Medal; National Guard Reserve Commemorative Medal; and United States Armed Forces Retired Service Commemorative Medal.

2.  The applicant states, in effect, that while serving with the 173rd Airborne Brigade in the Republic of Vietnam (RVN), he was running for cover during a mortar and rocket attack when he felt a sharp sting in his right leg.  Upon reaching the bunker, he noticed his pants were torn and that he had a two-inch jagged laceration on his leg.  He states that he went to the aid station for treatment and was told he had been hit by shrapnel from a rocket.  He indicates that he was treated for this wound and returned to duty; however, he was never awarded the PH.

3.  The applicant also states that he believes that he is eligible to receive awards that were not in existence when he retired, others that were not awarded to him for unknown reasons, and some that were not reported correctly.  He claims he served in combat with the 82nd Airborne Division in the Dominican Republic and Grenada, and with the 173rd Airborne Brigade in the RVN, which entitles him to the CAB, Foreign Expeditionary Service Commemorative Medal, and the Combat Service Commemorative Medal.  He also states that he participated in several helicopter assaults with the 82nd Airborne Division, which should entitle him to the Air Combat Action Commemorative Medal.  He further states that he served in the Maryland Army National Guard (MDARNG) from 1955 through 1956, which entitles him to the National Guard and Reserve Commemorative Medals and the Honorable Service Commemorative Medal.

4.  The applicant finally states that his Personnel Qualification Record (DA Form 2-1) and his separation documents (DD Forms 214) will confirm his entitlement to the KDSM, OSR, American Defense Commemorative Medal, United States Army Service Commemorative Medal, CWVM, United States Armed Forces Retired Service Commemorative Medal, and the 50th Anniversary Korean Commemorative Medal.


5.  The applicant provides the following documents in support of his application:  Chronological Record of Medical Care (Standard Form 600); 31 January 1986 DD Form 214; DA Form 2-1; Headquarters, 82nd Airborne Division Certificate of Service, dated 4 April 1984; Headquarters, 82nd Airborne Division, Orders Number 193-213, dated 15 October 1985; Certificate of Achievement for Service, dated 31 January 1986, and 14 Magazine Clippings.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 January 1986.  The application submitted in this case is dated 20 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 Military Personnel Records Jacket (MPRJ) contains a Statement of Service that shows he initially enlisted in the Army National Guard (ARNG) on 9 August 1955, and was assigned to Company K, 175th Infantry Regiment, 5th Regiment Armory in Baltimore, Maryland.  He entered active duty on 27 July 1956 to complete his initial active duty for training (IADT).  He served on active duty until 11 August 1956, at which time he completed his IADT and was released from active duty (REFRAD) and transferred back to his ARNG unit. He served in the ARNG until 30 October 1956, at which time he was honorably discharged in order to enlist in the Regular Army (RA).

4.  On 31 October 1956, the applicant enlisted in the RA and entered active duty in that status.  He was trained in, awarded, and served in military occupational specialty (MOS) 111.67 (Light Weapons Infantryman).

5.  The applicant’s DA Form 2-1 shows, in Item 5 (Overseas Service), that he completed the following oversea tours during the periods indicated:  Korea, from 21 July 1961 to 25 September 1962 and from 14 December 1962 to 11 February 1964; RVN, from 20 February 1967 to 15 February 1968; and Okinawa, from 1 April 1973 to 13 July 1974.  His record confirms that during his RVN tour, he served in Headquarters and Headquarters Company (HHC), 2nd Battalion, 
503rd Infantry Regiment.

6.  The applicant's Military Personnel Records Jacket (MPRJ) contains no orders, or other documents that indicate he was ever recommended for, or awarded the PH.  The MPRJ is also void of any medical treatment records indicating he was ever treated for a combat-related wound.

7.  On 31 January 1986, the applicant was honorably REFRAD for the purpose of retirement.  The DD Form 214 he was issued at the time confirms he completed a total of 28 years, 8 months, and 17 days of active military service.

8.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's 31 January 1986 DD Form 214 shows he earned the following awards during his active duty tenure:  Army Service Ribbon (ASR); Overseas Service Ribbon (OSR); National Defense Service Medal (NDSM); Parachutist Badge;  Armed Forces Expeditionary Medal (AFEM), 2nd Award; Vietnam Service Medal (VSM); Republic of Vietnam Campaign Medal (RVNCM) with Device 1960; Meritorious Unit Commendation; RVN Cross of Gallantry with Palm; Presidential Unit Citations (PUC), 2nd Award; Valorous Unit Award (VUA); Army Commendation Medal with 1st Oak Leaf Cluster (ARCOM w/1st OLC); Noncommissioned Officer Professional Development Ribbon (NCOPDR); Army Good Conduct Medal (AGCM), 8th Award; Army Achievement Medal (AAM); and Meritorious Service Medal (MSM).  The applicant authenticated the DD Form 214 with his signature in Item 21 (Signature of Member Being Separated) on the date of his REFRAD for retirement.

9.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty List.  The applicant's name is not included on this casualty list.

10.  The applicant provides Standard Form 600 which indicates he was treated at the 2nd Battalion, 503rd Aid Station in November 1967, for a laceration to his left leg.  His wound was cleaned and dressed and he was returned to duty.  This document gives no indication that the laceration was received as a result of enemy action.

11.  The applicant provides two certificates of service issued by the 82nd Airborne Division.  He also provides magazine clippings of fourteen different award advertisements issued by civilian dealers to United States Armed Forces members regarding authorized and unauthorized awards.


12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member of an Armed Force who is wounded or killed in action.  A wound is an injury to any part of the body from an outside force or agent.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

13.  Paragraph 2-13 contains guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

14.  Table B-1 of the awards regulation contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and TET Counteroffensive campaigns.

15.  Paragraph 5-4 of the awards regulation indicates that the OSR was established by the Secretary of the Army on 10 April 1981.  The regulation in effect at the time stated, in pertinent part, that it would be awarded for completion of an overseas tour in a country not recognized with another United States service medal.  The ribbon denotes the first award.  Numerals, beginning with numeral 2, are used to denote the second and subsequent awards of the OSR.

16.  Paragraph 8-8 of the awards regulation provides for the CAB and it states that it is awarded to provide special recognition to Soldiers who personally engage, or are engaged by the enemy.  It states, in pertinent part, that the qualifying period established for the CAB has a beginning date of 18 September 2001 to a date to be determined.  There are no retroactive provisions that allow for this award for any period prior to 18 September 2001.

17.  On 3 February 2004, The Secretary of Defense approved the criteria for the KDSM.  It is authorized to be awarded to members who served on active duty in Korea from 28 July 1954 to a date to be determined.


18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam Conflict.  It confirms during his tenure of assignment in the RVN, the applicant’s units (HHC, 2nd Battalion, 503red Infantry Regiment) earned the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the PH was carefully considered.  However, by regulation, in order to support award of the PH, it is necessary to establish that the wound, for which the award is being made, was received as a direct result of, or was caused by enemy action.  The Standard Form 600 provided by the applicant does show that he was treated for a laceration to his left leg while serving in RVN; however, it does not confirm this laceration was received as a result of enemy action, or that it was combat-related.  

2.  The applicant’s MPRJ is void of any orders, or documents that show he was ever recommended for, or awarded the PH by proper authority, and of any medical treatment records indicating that he was ever treated for a combat-related wound that was received as a result of enemy action.  In addition, the PH is not included in the list of awards contained on the applicant's 31 January 1986 DD Form 214, which the applicant authenticated with his signature on the date of his separation.  In effect, his signature was his verification that the information contained on the separation document, to include the list of awards, was correct at the time the DD Form 214 was prepared and issued.  Further, his name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  

3.  The veracity of the applicant's claim that he was received and was treated for a laceration wound while serving in the RVN is not in question.  However, absent any evidence of record confirming his wound was received as a result of enemy action, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  Given he was treated by military medical personnel, it is reasonable to presume that had the wound met the criteria necessary to support award of the PH, it would have been done at that time.  
As a result there is an insufficient evidentiary basis to support awarding him the PH at this late date.  


4.  The evidence of record does confirm the applicant completed 2 overseas tours in Korea and 1 in Okinawa, for which another United States service medal with not issued.  Therefore, he is entitled to 3 awards of the OSR, which is denoted as the OSR with Numeral 2.  In addition, his service in Korea subsequent to 28 July 1954 entitles him to the KDSM.  Therefore, it would be appropriate to correct his record to show his entitlement to these awards.  

5.  By regulation, the CAB is authorized to members who meet the criteria for the award on or after 18 September 2001 to a date to be determined.  The regulation provides no provisions for retroactive award of the CAB for periods prior to 
18 September 2001.  The applicant was finally retired from active duty on 
31 January 1986, before the effective date for award of the CAB.  Therefore, he is not eligible to receive this award.  

6.  The Honorable Service Commemorative Medal, Foreign Expeditionary Service Commemorative Medal, Overseas Service Medal, American Defense Commemorative Medal, United States Army Commemorative Medal, National Guard Reserve Commemorative Medal, Combat Service Commemorative Medal, Cold War Victory Commemorative Medal, and the United States Armed Forces Retired Service Commemorative Medal, Air Combat Action Commemorative Medal, and the 50th Anniversary Korean Commemorative Medal referred to by the applicant are not officially recognized awards authorized by Department of the Army.  Therefore, there is no basis upon which these decorations can be issued or added to his record.  

7.  During its review, the Board did note an administrative error in the listing of the applicant's awards in Item 13 of his 31 January 1986 DD Form 214.  The entry  “Meritorious Unit Commendation Vietnam Cross of Gallantry with Palm” is an invalid entry and obviously combines the Meritorious Unit Commendation and RVN Gallantry Cross with Palm Unit Citation earned by the applicant for his service in the RVN.  Accordingly, this entry should be corrected. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JEA _  __JLP___  __EEM__  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 amending Item 13 of his 31 January 1986 separation document by deleting the entry “Meritorious Unit Commendation Vietnam Cross of Gallantry with Palm” and by adding the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Korea Defense Service Medal, Numeral 3 with his Overseas Service Ribbon, and 3 bronze service stars with his Vietnam Service Medal; and by issuing him a correction to his separation document to reflect these changes.

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 the Purple Heart, Combat Action Badge, Honorable Service Commemorative Medal, Foreign Expeditionary Service Commemorative Medal, Overseas Service Medal, American Defense Commemorative Medal, United States Army Commemorative Medal, National Guard Reserve Commemorative Medal, Combat Service Commemorative Medal, Cold War Victory Commemorative Medal, the United States Armed Forces Retired Service Commemorative Medal, Air Combat Action Commemorative Medal, and the 50th Anniversary Korean Commemorative Medal.




_____James E. Anderholm____
          CHAIRPERSON




INDEX

CASE ID
AR20060005074
SUFFIX

RECON
NO
DATE BOARDED
2007/02/06
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1986/01/31
DISCHARGE AUTHORITY
AR 635-200  
DISCHARGE REASON
Retirement
BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY
Mr. Chun 
ISSUES         1.
107.0000
2.

3.

4.

5.

6.