RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20060017237 


	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.


Ms. Catherine C. Mitrano

 Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Sherri V. Ward

Chairperson

Mr. Richard T. Dunbar

Member

Mr. David W. Tucker

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 correction of his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam. 

2.  The applicant states that he was wounded on 28 August 1969, while conducting a combat operation on the outskirts of Saigon, in the Republic of Vietnam.  

3.  The applicant provides a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 May 1972, the date of his retirement from the United States Army.  The application submitted in this case is dated 30 November 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.  On 16 April 1952, the applicant enlisted in the Regular Army.  He served through a series of enlistments until his discharge on 13 April 1967 for the purpose of accepting a warrant officer appointment in the United States Army Reserve (USAR) with concurrent call to active duty.  He attained the rank of staff sergeant, pay grade E6, and had completed 14 years, 11 months, and 29 days of creditable active duty service.

4.  On 1 December 1953, the applicant was assigned to the Republic of Korea for duty with the 187th Airborne Regiment.  He was returned to the United States on 27 March 1955.

5.  On 12 August 1959, the applicant was assigned to the Federal Republic of Germany for duty with the 66th Truck Company.  He was returned to the United States on 23 September 1962.

6.  On 20 August 1964, the applicant was again assigned to duty in the Republic of Korea.  He served with the 6th Battalion, 80th Artillery until his return, as a patient, to the United States on 30 December 1964.

7.  On 14 April 1967, the applicant was appointed as a warrant officer one, USAR.  He was awarded military occupational specialty 631A (Automotive Maintenance Technician).

8.  General Orders Number 519, United States Army Europe and Seventh Army, dated 16 September 1968, awarded the applicant the Army Commendation Medal for meritorious service during the period from May 1967 to July 1968.

9.  On 13 October 1968, the applicant was assigned for duty with the 512th Quartermaster Company in the Republic of Vietnam.

10.  On 21 August 1969, the applicant was hospitalized and reassigned as a patient to Fort Benning, Georgia.  The records provide no details of his illness or injury.

11.  The applicant’s name does not appear on the Vietnam Casualty Roster.

12.  Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.  An oak leaf cluster is issued to denote award of second and succeeding awards of the Purple Heart.

13.  General Orders Number 161, United States Army Infantry Center, Fort Benning, Georgia, dated 22 May 1972, awarded the applicant a second Army Commendation Medal for meritorious service during the period from 6 November 1969 to 31 May 1972. 

14.  Army Regulation 600-8-22 provides, in pertinent part, that oak leaf clusters will be issued to denote award of second and succeeding awards of the Army Commendation Medal.  

15.  On 31 May 1972, the applicant was released from active duty and transferred to the USAR Control Group (Retired).  He had attained the rank of chief warrant officer two, pay grade W2 and had completed 20 years, 1 month and 15 days of creditable active duty.

16.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal with 1 oak leaf cluster, Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal with three bronze loops, Vietnam Service Medal, and the Vietnam Campaign Medal with “1960” Device.   It does not show award of the Purple Heart.

17.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

18.  Records show that the applicant qualified as an expert marksman with the M1 rifle, M14 rifle, and the carbine.

19.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

20.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korean Service Medal.  In pertinent part, the regulation states that the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

21.  Army Regulation 600-8-22 (Military Awards) provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

22.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 512th Quartermaster Company, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation.


23.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

24.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase V, the Vietnam Counteroffensive, Phase VI, the TET Counteroffensive, 1969, and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

25.  Army Regulation 600-8-22 (Military Awards) provides for award of the Korea Defense Service Medal.  The 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.
It also authorized award of the Korea Defense Service Medal if a Soldier meets one or more of the following criteria:  a) be engaged in actual combat during an armed engagement, regardless of the time in the area of eligibility;  b) is wounded or injured in the line of duty and requires medical evacuation from the area of eligibility;  c) participates as a regularly assigned air crew member flying sorties for 30 consecutive days or 60 nonconsecutive days into, out of, within, or over the area of eligibility in support of military operations; or  d) served in operations and exercises conducted in the area of eligibility as long as the basic time criteria is met.  Due to the extensive time period for the Korea Defense Service Medal eligibility, the non-consecutive service period for eligibility remains cumulative throughout the entire period.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  There is no available evidence to show that the applicant sustained any wounds as a result of hostile action, or that he received any medical treatment for such wounds.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  General Orders show that the applicant was awarded two Army Commendation Medals.  Therefore, his records should be corrected to show that he was awarded the Army Commendation Medal with an oak leaf cluster.

3.  Records show that the applicant served in the Republic of Korea during a qualifying period for award of the Korean Service Medal, United Nations Service Medal, and the Korea Defense Service Medal.  Therefore, his records should be corrected to show these awards.

4.  Records show that the applicant qualified as an expert marksman with the rifle and carbine.  Therefore, his records should be corrected to show he was awarded the Expert Marksmanship Qualification Badge with Rifle and Carbine Bars.

5.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show that the applicant's unit was cited in general orders for award of the Meritorious Unit Commendation. Therefore, his records should be corrected to show this unit award.   

7.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award.   

8.  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.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 May 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
30 May 1975.  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

__SVW__  __RTD __  __DWT__  DENY APPLICATION

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 concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Meritorious Unit Commendation,  an oak leaf cluster on his Army Commendation Medal, the Korean Service Medal, the United Nations Service Medal, the Korea Defense Service Medal, four bronze service stars to be affixed to his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle and Carbine Bars.






___     Sherri V. Ward____
          CHAIRPERSON


INDEX

CASE ID
AR20060017237
SUFFIX

RECON
 
DATE BOARDED
20070621 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.