RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 September 2007
	DOCKET NUMBER:  AR20070006733 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Thomas A. Pagan

Chairperson

Mr. Eric N. Anderson

Member

Mr. Paul M. Smith

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.

2.  The applicant states that he sustained a grenade shrapnel wound in his leg in the Republic of Vietnam on 5 January 1968.

3.  The applicant provides a copy of his SF 600 (Chronological Record of Medical Care) in support of his application.

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.  The applicant's records show that he enlisted in the Regular Army on 21 June 1960.  After more than 26 years of faithful service, the applicant retired from active duty in the grade of command sergeant major/pay grade E-9 and transferred to the U.S. Army Reserve Control Group on 30 September 1986.

3.  The applicant’s records show that he served two tours in the Republic of Vietnam during the periods 5 January 1964 through 12 May 1966 and 16 December 1967 through 5 November 1968.

4.  Item 13 (Decoration, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show award of the Purple Heart.

5.  Item 4 (Assignment Considerations) and Item 27 (Remarks) of the applicant's DA Form 2-1 (Personnel Qualification Record) do not show any entries for wounds received or assignment restrictions as a result of wounds/injury received. 

6.  Item 9 (Awards, Decorations and Campaigns) of the applicant’s DA Form 2-1 does not show award of the Purple Heart.

7.  The applicant’s records do not contain general orders which authorized him award of the Purple Heart.

8.  The applicant's name is not shown on the Vietnam Casualty Roster.

9.  The applicant provided a copy of his SF 600 showing that on 5 January 1968, he was treated at B Company, 326th Medical Battalion, 101st Airborne Division, for an injury due to shrapnel to left leg from a grenade. 

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

11.  A review of the applicant's records indicates that the applicant is entitled to additional awards not shown on his DD Form 214.

12.  The applicant's records show that he served two tours in the Republic of Korea, during the periods 11 November 1977 through 6 November 1978 and 1 September 1982 through 31 July 1983.

13.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal.  This message specified 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.  Only one award of the Korea Defense Service Medal is authorized for any individual.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart because of injuries sustained while serving in the Republic of Vietnam. 

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms. 

3.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant's name is not listed on the Vietnam Casualty Roster.

4.  The chronological record of medical care shows that the applicant sustained grenade shrapnel wound to his leg; however, there is no evidence that the applicant was wounded or injured while in action against the enemy or as a result of hostile action.  Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.

5.  The applicant's records show that he served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

6.  Evidence shows that the applicant’s records contain administrative errors which do 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

__tap___  __ena___  __pms___  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 concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Korea Defense Service Medal.




							Thomas A. Pagan
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070006733
SUFFIX

RECON

DATE BOARDED
20070913
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.