RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 December 2006
      DOCKET NUMBER:   AR20060006324


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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.


2.  The applicant states, in effect, that he was injured as a result of
enemy action in Vietnam in February 1968.  He continues by stating that he
was serving as the battalion staff duty noncommissioned officer (NCO) at
the time and alerted the company when an enemy mortar attack began and
while running for cover, he tripped and fell and hurt his neck.  He goes on
to state that because there was little time and because it did not bother
him badly, he did not seek medical attention immediately.  However, he
subsequently was seen by medical personnel for the pain and was
subsequently seen by a neurologist and was evacuated to a Naval Hospital in
Na Trang and then was transferred to a hospital in Japan.  He was then
transferred to Letterman General Hospital to undergo surgery to fuse a
slipped disk.

3.  The applicant provides three documents from his medical records
relating to his medical condition and evacuation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 September 1971.  The application submitted in this case is
dated 25 April 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.  He enlisted in the Regular Army on 13 August 1951.  He successfully
completed his training and remained on active duty through a series of
continuous reenlistments.  He served two tours in Korea (1952-1953 /
1965/1966) and one tour in Hawaii.

4.  He was promoted to the pay grade of E-7 on 7 December 1965 and on
21 September 1967 he was transferred to Vietnam for duty as an operations
sergeant in a transportation battalion.  He was serving in the military
occupational specialty (MOS) of a truckmaster at the time.

5.  On 20 June 1968, he was transferred as a patient to Letterman General
Hospital in San Francisco, California, where he remained until he was
reassigned as an enlisted advisor with the National Guard Advisory Group in
Bay City, Michigan on 9 September 1968.

6.  On 31 August 1971, he was honorably released from active duty (REFRAD)
and was transferred to the United States Army Reserve Control Group
(Retired) effective 1 September 1971.  He was retired by reason of length
of service and had served 20 years and 29 days of total active service.
His report of separation (DD Form 214) issued at the time of his REFRAD
indicates that he was awarded the Korean Service Medal, the Good Conduct
Medal (6th Award), the Bronze Star Medal with 1st oak leaf cluster, the
Republic of Vietnam Campaign Medal, the Vietnam Service Medal, the National
Defense Service Medal with one bronze service star, the Army Commendation
Medal, the Republic of Korea Presidential Unit Citation and the United
Nations Service Medal.

7.  A review of the available records fails to show any indication that the
applicant was wounded or injured as a result of enemy action or that he was
ever awarded the Purple Heart.

8.  Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been
made a matter of official record.

9.  The Government of the Republic of Korea issued the Korean War Service
Medal (ROK-KWSM) 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.  The Department of Defense approved acceptance and wear of the
ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have
served between 25 June 1950 and 27 July 1953 and been on permanent
assignment for 30 consecutive days, or on temporary duty for 60 non-
consecutive days, within the territorial limits of Korea, in the waters
immediately adjacent thereto, or in aerial flight over Korea participating
in actual combat operations or in support of combat operations.

10.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal (KDSM).  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.  Although there is evidence to show that the applicant was medically
evacuated from Vietnam to Letterman General Hospital for the purpose of
having surgery (interior fusion of C6-C7), there is no evidence to show
that the injury was incurred as a result of enemy action.

2.  While the Board does not doubt the veracity of his claim, there simply
is not sufficient evidence to meet the established criteria for award of
the Purple Heart. Therefore, lacking substantiating evidence to show that
is injury was the result of enemy action, there appears to be no basis to
award him the Purple Heart at this time.

3.  However, the evidence of record does establish that the applicant is
entitled to be awarded the ROK-KWSM for his service in Korea during the
period of June 1952 to July 1953 and the KDSM for the period of 1965 to
1966.

4.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 September 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 31 August 1974.  The applicant did not file within the
3-year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JS___  ___LE __  ___MF___  DENY APPLICATION - W/NOTE






BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by awarding him the ROK-KWSM and the KDSM and correcting his
records to show those awards.





                                  ______John Slone________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19710901                                |
|DISCHARGE AUTHORITY     |T 10 USC SEC 3914                       |
|DISCHARGE REASON        |RET                                     |
|BOARD DECISION          |(DENY W/ NOTE)                          |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |61/PH                                   |
|1.107.0015              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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