RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 September 2007
	DOCKET NUMBER:  AR20070005432 


	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. James E. Vick

Chairperson

Mr. Ronald D. Gant

Member

Mr. Rowland C. Heflin

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 in November 1962, while serving in the Republic of Vietnam.

3.  The applicant provides copies of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) and a portion of his 1972 medical examination.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 20 October 1947, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 73577 (Field Artillery).  On 30 April 1956, he was honorably discharged for the purpose of accepting a commission.  He had attained the rank of master sergeant and had completed 8 years, 6 months, and 11 days of creditable active service.

3.  On 1 May 1956, the applicant was appointed a second lieutenant, Field Artillery, in the Regular Army.  He served on active duty through a series of assignments until his retirement.  He had attained the rank of lieutenant colonel, pay grade O5, and had completed a total of 25 years, 3 months, and 11 days of creditable active service. 

4.  The applicant served in the Republic of Korea from 6 January 1960 to 
20 January 1961.

5.  The applicant served two tours of duty in the Republic of Vietnam.  The first was from 10 September 1962 to 5 March 1963, and the second was from 3 May 1965 to 3 June 1966.  

6.  The medical evidence provided by the applicant shows that in 1962, he was treated in the 8th Evacuation Hospital in the Republic of Vietnam for wounds to his right wrist received from one or more mortar rounds. 

7.  A casualty message to The Adjutant General, received on 6 December 1962, indicates that the applicant was salvaging equipment from a fire in an ammunition dump when a mortar round exploded in the fire.  He received a penetrating wound to his right hand.  The injury was described as not serious and that he would return to duty in approximately 10 days.

8.  An Officer Evaluation Report (DA Form 67-5) for the applicant’s performance of duty during the period from 1 August 1962 to 31 January 1963, states that, “Once, after being wounded by an exploding grenade, he refused treatment until the personnel of his team were safely out of imminent danger.”     

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.

10.  The applicant's DD Forms 214, for the periods ending in 1950, 1956, and 1973, lists his Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized as the National Defense Service Medal with one bronze service star, Air Medal, Bronze Star Medal with oak leaf cluster, Meritorious Service Medal, Army Commendation Medal with first oak leaf cluster, Valorous Unit Award, Good Conduct Medal, Army Occupation Medal with Germany Clasp, Armed Forces Expeditionary Medal, Vietnam Service Medal, Vietnam Campaign Medal with “1960-“ Device, Combat Infantryman Badge, Master Parachutist Badge, and the Parachutist Badge.  The Purple Heart is not listed on any of the applicant's DD Forms 214.

11.  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.

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

13.  Item 23 (Qualification in Arms) of the applicant’s Officer Qualification Record (DA Form 66), shows that he qualified as an expert with the M1 rifle, and as a marksman with the carbine and pistol.

14.  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 campaign periods: the Vietnam Advisory, the Vietnam Defense, and the Vietnam Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  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.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Korea Defense Service Medal.  The specified criteria for the award of the Korea 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 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.

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.  The evidence provided by the applicant shows that he had an injury to his right wrist from a mortar; however, it does not provide substantiating evidence that this injury was the result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  Records show that the applicant participated in three campaign periods 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.

3.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 
214 should be corrected to show this foreign unit award.

4.  Records show that the applicant qualified as an expert with the M1 rifle.  Therefore, his DD Form 214 should be corrected to show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  Records show that the applicant qualified as a marksman with the carbine and pistol.  Therefore, his DD Form 214 should be corrected to show that he was awarded the Marksman Marksmanship Qualification Badge with Carbine and Pistol Bars.

6.  The applicant served during a qualifying period in the Republic of Korea for award of the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this award.

7.  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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_RCH___  __JEV___  __RDG__  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.  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 three bronze service stars to be affixed to his Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Carbine and Pistol Bars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Korea Defense Service Medal.




__       James E. Vick___
          CHAIRPERSON




INDEX

CASE ID
AR2007 0005432
SUFFIX

RECON
 
DATE BOARDED
20070919  
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
                   . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.