RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 May 2007
	DOCKET NUMBER:  AR20060017445 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Ronald Weaver

Chairperson

Mr. Jeffrey Redmann

Member

Mr. David 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 award of the Purple Heart, the Soldier’s Medal, and the Bronze Star Medal.

2.  The applicant states that he was never awarded the Purple Heart for an injury he received on 18 May 1968.  He also contends that he never received the Soldier’s Medal and it was not put on his DD Form 214 (Report of Transfer or Discharge). 

3.  The applicant provides a VA Form 21-22 (Appointment of Veterans Service Organization as Claimant’s Representative), dated 3 December 2006; a letter, dated 18 May 1968, to the applicant’s wife from the applicant’s platoon leader; orders for the Soldier’s Medal for heroism on 18 May 1968; and a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
9 December 1969.  The application submitted in this case is dated 4 December 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 requested correction of his records to show award of the Bronze Star Medal.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted on 23 February 1965 for a period of 3 years.  He served as a combat engineer in Germany from 12 July 1965 to 6 March 1966.  On 24 August 1966, the applicant was released from active duty and placed on the Temporary Disability Retired List (TDRL) effective 25 August 1966.  On 
30 November 1967, the applicant was found fit for duty and removed from the TDRL.  

5.  The applicant enlisted on 1 December 1967 for a period of 3 years.  He served as a combat engineer in Korea from 25 January 1968 to 31 May 1968.  On 9 December 1969, the applicant was retired by reason of permanent disability.     

6.  The applicant’s DD Form 214 for the period ending 9 December 1969 does not show the Purple Heart or the Soldier’s Medal as authorized awards. 

7.  There are no orders for the Purple Heart in the applicant’s service personnel records.    

8.  Headquarters, Eighth United States Army General Orders Number 147, dated 16 June 1969, show the applicant received the Soldier’s Medal for heroism not involving actual conflict with an enemy in a minefield near the Korean Demilitarized Zone on 18 May 1968.  The citation for this medal states, in pertinent part, that the applicant “was wounded by an explosion of a mine.”  

9.  In support of his claim, the applicant provided a letter, dated 18 May 1968, from his platoon leader to his wife.  This letter explained the circumstances surrounding the applicant’s injury in the minefield on 18 May 1968.  It also states, in pertinent part, that “we had installed the minefield.” 
 
10.  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, and the medical treatment must have been made a matter of official record.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Soldier’s Medal for heroism not involving actual conflict with an enemy in a minefield near the Korean Demilitarized Zone on 18 May 1968.  Therefore, his DD Form 214 should be corrected to show this medal.
2.  The orders for the Soldier’s Medal also show the applicant was wounded during this incident.  However, since the applicant’s injury was not sustained as a result of hostile action, there is no basis for granting award of the Purple Heart.   

3.  Records show the applicant should have discovered the alleged errors now under consideration on 9 December 1969; therefore, the time for the applicant to file a request for correction of any error expired on 8 December 1972.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

RW____  ___JR___  _DT_____  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 his DD Form 214 for the period ending 9 December 1969 to add the Soldier’s Medal.

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.  



__Ronald Weaver_______
          CHAIRPERSON




INDEX

CASE ID
AR20060017445
SUFFIX

RECON

DATE BOARDED
20070524
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0010
3.
107.0014
4.

5.

6.