RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 February 2007
	DOCKET NUMBER:  AR20060006806


	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.




Director



Analyst

The following members, a quorum, were present:



Chairperson


Member



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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart. In effect, he seeks to qualify for Combat-Related Special Compensation (CRSC).

2.  The applicant states, in effect, he was twice denied qualification for CRSC by the US Army Physical Disability Agency (USAPDA).  He states his disabilities are directly related to Agent Orange exposure and a combat wound to his hand caused by a Punji stake.

3.  The applicant provides:

	a.  A CRSC letter from USAPDA, dated 23 November 2005.

	b.  A photocopy of his DA Form 20 (Enlisted Qualification Record).

	c.  Two pages of a medical "doc-u-chart," dated 2/8/06.

	d.  A Department of Veterans Affairs document (Election of Compensation in Lieu of Retired Pay or Waiver of Retired Pay to Secure Compensation from Department of Veterans Affairs).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 December 1973.  The application submitted in this case is dated 7 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.  The applicant is a retired sergeant first class (SFC/E07).  He served a total of 20 years and 13 days from 7 December 1953 through 31 December 1973, with a short break in service and 5 days of lost time.  His retirement DD Form 214 

shows he was awarded the Good Conduct Medal (6th Award) and the Armed Forces Expeditionary Medal for Korean service from 1 February to 26 March 1971.

4.  The applicant's other DD Forms 214 show he was awarded the Good Conduct Medal (4th Award), the National Defense Service Medal with Oak Leaf Cluster, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Drill Sergeant Identification Badge, and the Sharpshooter Marksmanship Qualification Badge with M-1 Rifle Bar.

5.  None of the applicant's DD Forms 214 show award of the Purple Heart.  His DA Form 20 contains no entry in Item 40 (Wounds).  He is not listed on the Vietnam Casualty Listing, a compilation of all casualties during the Vietnam War. There are no orders awarding him the Purple Heart.  There were no medical records available to the Board for review.

6.  The applicant's records show he was awarded the Expert Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars, as well as two overseas service bars.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  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 are no time limitations for requests for award of the Purple Heart.

	b.  A bronze service star based on qualifying service is awarded for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  During the applicant's Vietnam War service, he served in four campaigns – Counteroffensive, Phase III (1 June 1967-29 January 1968), Tet Counteroffensive (30 January-1 April 1968), Counteroffensive, Phase IV (2 April-30 June 1968), and Counteroffensive, Phase V (1 July-1 November 1968).

	c.  The Korea Defense Service Medal is awarded 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.

	d.  An Overseas Service 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.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

8.  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 the units to which the applicant was assigned were cited for award of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to16 October 1968 by Department of the Army General Order Number 21, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Order Number 53, dated 1970.

9.  Army Regulation (AR) 635-5 (Separation Documents) 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.  The regulation in effect at the time specified that only awards earned during the period of the service outlined by the DD Form 214 would be entered on the form. Current regulation call for all awards earned during all periods of service be shown.

10.  Combat-Related Special Compensation (CRSC) is a special benefit for certain disabled military retirees.  Congress enacted the benefit in the Fiscal Year 2003 Defense Authorization Act.  To be eligible, the individual must be a military 

retiree with at least 20 years of active duty or a combination of active duty and Reserve points equaling 20 years of full-time active duty (7,200 points) and either a Department of Veterans Affairs disability rating of 10 percent or higher associated with award of the Purple Heart; or a rating of 60 percent or higher for other illnesses or injuries attributed to combat situations, combat-oriented training, hazardous duty, or instrumentality of war.  The 2003 Act was expanded by the Fiscal Year 2004 Defense Authorization Act to include retirees with 20 years of qualifying service, who have a combined, combat-related disability of 10 percent or more.  The benefit does not apply to Soldiers who were retired by reason of physical disability who have less than 20 years of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart in order to solidify his entitlement to CRSC.  There are no orders in his records to show award of the Purple Heart; the applicant's name does not appear on the Vietnam Casualty Listing; his DA Form 20 does not indicate a wounding; there are no medical records to prove he was wounded and treated for a wound.  Based on the above, there is insufficient reason to award him the Purple Heart.

2.  The applicant's records show he is entitled to awards that do not appear on any of his DD Forms 214.  He is entitled to the Korea Defense Service Medal by virtue of his more than 30 continuous days of service in Korea in 1971.  He is also entitled to 4 bronze service stars for wear on his Vietnam Service Medal, and 2 overseas service bars for his Vietnam service.  He is entitled to show he was awarded the Expert Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars.  Finally, the units to which he was assigned in Vietnam were awarded the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 December 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 December 1976.  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 

__bje___  __lds___  __mjf___  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:

	a.  Awarding to him the Korea Defense Service Medal, 4 bronze service stars for wear on his Vietnam Service Medal, 2 overseas service bars, the Expert Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars, and the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

	b.  Correcting his DD Form 214 for the period 17 December 1968 to 31 December 1973 to show, in addition to the Good Conduct Medal (6th Award) and the Armed Forces Expeditionary Medal, award of the National Defense Service Medal with Oak Leaf Cluster, Vietnam Service Medal with 4 bronze service stars, Korea Defense Service Medal, Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Campaign Medal, Combat Infantryman Badge, Drill Sergeant identification Badge, Expert Marksmanship Qualification Badge with M-14 and 
M-16 Rifle Bars, and Sharpshooter Marksmanship Qualification Badge with 
M-1 Rifle Bar.

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 and Combat-Related Special Compensation.  

						Barbara J. Ellis
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20060006806
SUFFIX

RECON

DATE BOARDED
20070201
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
108.0000
3.

4.

5.

6.