RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 June 2007
	DOCKET NUMBER:  AR20070000954 


	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:


Mr. John T. Meixell

Chairperson

Mr. William F. Crain

Member

Mr. Dean A. Camarella

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 action during World War II.

2.  The applicant states that while serving with the 7th Field Artillery Battalion, 
1st Infantry Division, he received a concussion injury and woke up in the hospital.  He further states that no one bothered to put him in for the Purple Heart.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 August 1970, the date of his retirement.  The application submitted in this case is dated 12 January 2007.

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 9 November 1939, the applicant enlisted in the Regular Army for 3 years.  He performed duties as a truck driver, detail sergeant, and instructor.  He attained the rank of staff sergeant and was discharged on 3 February 1943 for the purpose of accepting a commission.  

4.  On 4 February 1943, the applicant was appointed as a second lieutenant, Field Artillery Corps, in the Army of the United States.  

5.  On 24 March 1944, the applicant departed the United States for duty in the European Theater of Operations (ETO).  He arrived in the United Kingdom on 
4 April 1944.

6.  On 18 June 1944, the applicant was assigned for duty as a forward observer with the 7th Field Artillery Battalion, 1st Infantry Division, in the ETO.

7.  On 16 November 1944, the applicant was hospitalized as a non-battle casualty with diagnosis of combat exhaustion.  He was admitted to the Exhaustion Center, 622nd Clearing Company.  He had been diagnosed as suffering from psyco-neurosis, anxiety state, acute.  The attending psychiatrist stated that additional treatment at a general hospital would be required before a determination could be made of the applicant's fitness for further front-line duty. 

8.  On 20 December 1945, the applicant was honorably discharged.  

9.  Item 28 (Battles and Campaigns) of his Military Record and Report of Separation Honorable Discharge (WD AGO Form 53-97) lists his campaigns as Ardennes-Alsace, Central Europe, Normandy, Northern France, and Rhineland.

10.  Item 29 (Decorations and Citations) of his WD AGO Form 53-97 lists the European African Middle-Eastern Service Medal with five bronze service stars.

11.  Item 30 (Wounds Received in Action) of the applicant's WD AGO 53-97 is blank. 

12.  There is no available evidence to show that the applicant was hospitalized for wounds received as a result of enemy action.

13.  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.
  
14.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his separation documents.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the American Defense Service Medal for service within the American Theater between 8 September 1939 and 7 December 1941 under orders to active duty for a period of 12 months or longer.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the American Campaign Medal.  This campaign medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service for this campaign medal includes permanent assignment outside the continental United States but within the American Theater of Operations, duty as a crewmember aboard a vessel sailing ocean waters for 
30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 
60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

17.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during World War II.  This publication shows that the 7th Field Artillery Battalion, during the time of the applicant's assignment participated in five campaigns, the Ardennes-Alsace, Central Europe, Normandy, Northern France, and Rhineland.  It also received occupation credit for Germany.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 
7 December 1941 and 31 December 1946, both dates inclusive.

19.  On 6 July 1948, the applicant was appointed as a second lieutenant in the Washington Army National Guard.  He attained the rank of captain and was honorably discharged on 8 December 1954.  This was an inactive period of service.

20.  On 9 December 1954, the applicant enlisted in the Regular Army and served through a series of reenlistments until his retirement for length of service on 
31 August 1970.  He attained the rank of master sergeant, pay grade E8, and had completed 21 years, 10 months and 5 days of creditable active duty. 

21.  On 25 April 1955, the applicant was assigned for duty in the Republic of Korea.  He completed 16 months of duty and was returned to the United States on 2 September 1956.

22.  On 17 March 1969, the applicant was assigned for duty as an intelligence sergeant with the 1st Battalion, 27th Field Artillery, in the Republic of Vietnam.  He was returned to the United States on 24 February 1970.

23.  Available records provide the applicant's Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) for his periods of service ending on 4 February 1963 and 31 August 1970.  DD Forms 214 for his periods of service ending on 4 February 1957 and 4 February 1969 are not available for review.

24.  The applicant's available DD Forms 214 show his decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized as the Bronze Star Medal, Army Good Conduct Medal with two bronze loops, Army Commendation Medal, Vietnam Service Medal, Vietnam Campaign Medal with "1960" Device, and the Expert Marksmanship Qualification Badge with Carbine Bar. 

25.  Army Regulation 600-8-22 (Military Awards) as amended provides 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.

26.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korean Defense Service Medal.  Specified criteria for the award of the Korean Defense Service Medal is as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South 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 South 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 for 30 consecutive or 60 non-consecutive days.

27.  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 three campaigns: the TET Counteroffensive, 1969, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

28.  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 1st Battalion, 27th Field Artillery Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was hospitalized while assigned with the 7th Field Artillery Battalion; however, it does not show that he received any wounds or injuries as a result of enemy action.  Therefore, his request for award of the Purple Heart should not be granted.

2.  The applicant served during a qualifying period for award of the American Defense Service Medal, American Campaign Medal, and the World War II Victory Medal.  Therefore, his records should be corrected to show these awards.

3.  Records show that the applicant's unit was awarded the Army of Occupation Medal with Germany Clasp for service in the European Theater of Operations.  Therefore, his records should be corrected to show this award.

4.  The applicant served on active duty during a qualifying period for award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award.

5.  Records show that the applicant served during a qualifying period for award of the Korean Defense Service Medal.  Therefore, his records should be corrected to show this award.

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

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, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards. 

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 August 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
30 August 1973.  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.



9.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JTM_ _  __DAC__  __WFC      DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  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 showing that, in addition to the awards shown on his WD AGO Form 53-97 and DD Forms 214, his authorized awards include the American Defense Service Medal, American Campaign Medal, World War II Victory Medal, Army of Occupation Medal with Germany Clasp, Korean Defense Service Medal, National Defense Service Medal, three bronze service stars to be affixed to his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.




____   John T. Meixell __
          CHAIRPERSON




INDEX

CASE ID
AR20070000954
SUFFIX

RECON
 
DATE BOARDED
20070628
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.