RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060008319 


	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.


x
	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 his record be corrected to show his entitlement to two awards of the Purple Heart (PH), or PH (1st Oak Leaf Cluster). 

2.  The applicant states, in effect, that during his tenure on active duty he was wounded in action on two separate occasions, and he was never awarded the PH.  He states that Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) should show his entitlement to the PH (1st Oak Leaf Cluster), to denote two awards of the PH.  

3.  The applicant provides the following documents in support of his application:  DD Form 214; United States Army Reserve Personnel Center Official Statements, dated 20 September and 21 September 1989; Western Union Telegram; and Newspaper Article.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 31 October 1971.  The application submitted in this case is dated 
4 June 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 records shows he initially enlisted into the Regular Army and entered active duty on 9 February 1951.  He continuously served through reenlistments until being honorably released from active duty for the purpose of retirement on 31 October 1971.  

4.  The applicant's records also show he was trained in, awarded, and served in military occupational specialty (MOS) 11G (Infantry Senior Sergeant), and that the highest rank he attained while serving on active duty was first sergeant (1SG).

5.  The applicant's Service Record (DA Form 24), which documents his active duty service from 9 February 1951 through 8 February 1957, contains an entry, in Section 8 (Wounds Received through Enemy Action), that shows he received shell fragment wounds to his left shoulder and left side of his head, while engaged in hostile combat action, on 1 December 1952. 

6.  The applicant's Military Personnel Record Jacket (MPRJ) record contains Headquarters, 15th Infantry General Order Number 63, dated 9 December 1952. These orders awarded the applicant the PH, for wounds he received while engaged in hostile combat action near Haktong-ni, Korea on 1 December 1952.  

7.  The applicant's MPRJ also contains Battle Casualty Reports, dated 16 June and 23 June 1953.  These documents show the applicant was seriously wounded while engaged in combat with a hostile force while serving in Korea on 13 June 1953.  They indicate he received shell fragment wounds to his right elbow, left cheek, and left antrum.  The record also contains a Western Union Telegram, which notified the applicant's parents that he was seriously wounded by a shell fragment while engaged in combat with a hostile force on 13 June 1953.

8.  The applicant’s Enlisted Qualification Record (DA Form 20), which was prepared on 20 May 1965, shows, in Item 31 (Foreign Service), that he served two tours of duty in the Republic of Vietnam (RVN).  His first RVN tour was from 30 June 1967 through 29 June 1968, and the second tour was from 
20 September 1970 through 30 August 1971.  It also shows he completed two tours of duty in the Republic of Korea (ROK).  The first ROK tour was from 
15 August 1952 through 15 July 1953 and the second tour was from 11 March 1964 through 30 March 1965.  

9.  Item 38 (Record of Assignments) shows that during his first RVN tour, he was assigned to Headquarters and Headquarters Company (HHC), and Companies A, C, and D of the 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division, performing duties in military occupational specialty (MOS) 11G as a first sergeant and intelligence sergeant.  It also shows that during his second RVN tour, he was assigned to Companies B and C of the 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division and to Troop C, 3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division, performing duties in MOS 11G and MOS 11D as a first sergeant.  


10.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that during his tenure on active duty, he earned the Army Good Conduct Medal (4th Award), Army of Occupational Medal with Germany Clasp, National Defense Service Medal, United Nations Service Medal, Korean Service Medal, (PH 1st Oak Leaf Cluster), Combat Infantryman Badge (2nd Award), Vietnam Service Medal, Republic of Vietnam Campaign Medal, Air Medal, Bronze Star Medal (3rd Oak Leaf Cluster) with "V" Device, Army Commendation Medal, 4 Overseas Bars, and Expert Marksmanship Qualification Badge with Rifle Bar.  

11.  The applicant's MPRJ contains a Non-Battle Casualty Report, dated 26 April 1971.  This document shows the applicant received fragment wounds to his right leg, right foot, and left arm in the RVN on that date.  It indicates he received these wounds when a fragmentation grenade was thrown into the billet in which he was sleeping.  It further confirms these wounds were not battle related.  

12.  During the review of this case, a member of the Boards staff reviewed the Korean War Casualty Roster.  This search revealed an entry that confirms the applicant was wounded in action in Korea on 13 June 1953.

13.  The Government of the Republic of Korea (ROK) issued the Korean War Service Medal (KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the ROK and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM. To qualify for 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. 

14.  The Secretary of Defense approved the implementing instructions and criteria for the Korea Defense Service Medal (KDSM) on 3 February 2004.  The KDSM is authorized to members of the Armed Forces who have served on active duty in support of the defense of the ROK from 28 July 1954 to a date to be determined. 

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions 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.  

16.  The awards regulation defines a wound as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  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. 

17.  Paragraph 2-10, of the awards regulation contains guidance on award of the National Defense Service Medal.  It states 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.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

18.  Paragraph 2-13 of the awards regulation contains guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member participated in while serving in the RVN.  A silver service star is used in lieu of 5 bronze service stars to denote participation in five campaigns.  Table B-1 contains a list of RVN campaigns and it shows that during the applicant's tenure of assignment in the RVN, campaign credit was granted for the following campaigns:  Vietnam Counteroffensive Phase III; TET Counteroffensive 1968; Vietnam Counteroffensive Phase IV; Vietnam Counteroffensive Phase VII; and Consolidation I.  

19.  Paragraph 9-19 of the awards regulation contains guidance on award of the Republic of Vietnam Campaign Medal with Device (1960).  It states, in pertinent part, that this award is authorized for members who served in the RVN for 
6 months or more during the period 1 March 1961 through 28 March 1973.  

20.  Paragraph 9-25 of the awards regulation prescribes Army policy, criteria, and administrative instructions concerning award of the ROK Presidential Unit Citation (ROKPUC).  It states, in pertinent part, that the Korean Government awarded the ROKPUC to those individuals who served during the Korean War.


21.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant’s unit (1st Battalion, 2nd Infantry Regiment) earned the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to two awards of the PH was carefully considered and found to have merit.  The evidence of record confirms he was wounded in action in Korea on 1 December 1952 and again on 13 June 1953.  His record contains orders awarding him the PH for being wounded in action on 
1 December 1952, and it contains a Battle Casualty Report, Western Union Telegram and an entry on the Korean War Casualty Roster that confirms he was wounded in action on 13 June 1953.  Therefore, it would be appropriate to correct his record and separation document to show his entitlement to the 
PH (1st Oak Leaf Cluster), to denote two awards of the PH. 

2.  The evidence of record also shows that based on two tours of duty in the ROK, he is entitled to the ROK-KWSM, KDSM, and ROKPUC.  Therefore, it would also be appropriate to add these awards to his record and separation document.  

3.  The evidence of record further shows that based on his Vietnam service, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, RVN Campaign Medal with 1960 Device, and 1 silver service star with his VSM.  Therefore, it would also be appropriate to add these awards to his record and separation document at this time.

BOARD VOTE:

__x  __x __  __x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 him the Purple Heart (1st Oak Leaf Cluster), for wounds received on 1 December 1952 and 13 June 1953; and

b.  by deleting the current entry in Item 24 of his final DD Form 214, dated 31 October 1971 and replacing it with the entry "Purple Heart (1st Oak Leaf Cluster); Bronze Star Medal (3rd Oak Leaf Cluster) with "V" Device, Air Medal, Combat Infantryman Badge (2nd Award), Army Commendation Medal, Republic of Korea-Korean War Service Medal, Korean Defense Service Medal, Republic of Korea Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Service Medal with 1 silver service star" and by providing him a correction to his separation document that reflects these changes. 




_____x       _
          CHAIRPERSON




INDEX

CASE ID
AR20060008319
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/01
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1971/10/31
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON
Retirement
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Mr. Swartz
ISSUES         1.
107
2.

3.

4.

5.

6.