RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2007
	DOCKET NUMBER:  AR20070008822 


	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

Ms. Antoinette Farley

Analyst


The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Lester Echols

Member

Mr. Jeffrey C. Redmann

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, in effect, award of the Combat Infantryman Badge, the Parachutist Badge, the Presidential Unit Citation [correctly known as the Distinguished Unit Citation], Korean Unit Citations, the Republic of Vietnam Unit Citations, and to reflect his record as a platoon sergeant in the rank of sergeant first class/pay grade E-7.

2.  The applicant also requests reconsideration of his previous request for award of the Purple Heart. 

3.  The applicant states, in effect, that he was not issued the Purple Heart for injuries he received during combat in 1951 nor was it recorded on his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge), dated 31 July 1971.  

4.  The applicant provides a copy of his Combat-Related Special Compensation Claim Form, dated 28 February 2007 in support of this 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 facts and circumstances of the applicant's periods of enlistment prior to February 1957 are not available for review with this case.

3.  The applicant's record shows he reenlisted in the Regular Army on 17 July 1953 for a period of 6 years.  The applicant's record shows he was awarded military occupational specialty (MOS) 111.70 (Light Weapons Infantryman).  He was honorably discharged on 29 June 1959 for the purpose of reenlistment.  


4.  Item 3a (Grade, Rate or Rank) of the applicant's DD Form 214, dated 29 June 1959, shows he temporary held the rank of sergeant first class (T)/pay grade E-6.

5.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 29 June 1959, does not show he was awarded the Combat Infantryman Badge, the Parachutist Badge, the Distinguished Unit Citation, the Korean Unit Citations, the Republic of Vietnam Unit Citations.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "None."

6.  The applicant's record shows he reenlisted in the Regular Army on 30 June 1959 for a period of 6 years.  The applicant's record shows he served as a Light Weapons Infantryman and was honorably discharged on 29 June 1965 for the purpose of reenlistment.  

6.  Item 3a (Grade, Rate or Rank) of the applicant's DD Form 214, dated 29 June 1965, shows he held the rank of sergeant first class (P)/pay grade E-6.

7.  Item 26 of the applicant's DD Form 214, dated 29 June 1965 does not show he was awarded the Combat Infantryman Badge, the Parachutist Badge, the Distinguished Unit Citation, the Korean Unit Citations, the Republic of Vietnam Unit Citations, the Purple Heart.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "None."

8.  The applicant's record shows he reenlisted in the Regular Army on 30 June 1965 for a period of 6 years.  The applicant's record shows he was awarded and served in MOS 57H as a Cargo Handler.  The applicant's DD Form 214 shows that on 31 July 1971, he was honorable retired from active duty and transferred to the United States Army Reserve.  The applicant's DD Form 214 also shows he completed a total of 6 years, 1 month, and 1 day of net service this period, and 14 years, 10 months and 21 days of other service for a total of 20 years, 11 months, and 22 days of creditable Federal military service with no time lost.  The highest rank he attained while serving on active duty was first sergeant 1SG/pay grade E-8.  

9.  Item 6 (Date of Rank) of the applicant's DD Form 214, dated 31 July 1971 shows he was promoted the rank of first sergeant/pay grade E-8.




10.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 31 July 1971, does not show he was awarded the Combat Infantryman Badge, the Parachutist Badge, the Distinguished Unit Citation, Korean Unit Citation, or the Purple Heart.

11.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) lists consolidated entries for his assignments for the periods August 1950 through July 1953; July 1953 through June 1959; and June 1959 through June 1965.  

12.  Item 38 of the applicant's DA Form 20 also shows that he served with the 95th Transportation Company during the period 5 September 1967 through 28 March 1969, in Korea.  The applicant also served in the Republic of Vietnam with the 1098th Transportation Company during the period 27 April 1970 through 18 April 1971. 

13.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) does not show award of the Distinguished Unit Citation or the Purple Heart. 

14.  Office of The surgeon General's Hospital Report shows the applicant was hospitalized on 6 February 1951 due to frostbite of the foot.  The applicant was discharged in March 1951.  The report shows his unit as the 15th Infantry Regiment.  The condition was coded non-battle morbidity.  

15.  There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  The applicant's name is not listed on the Korean War Casualty Roster.  There are no service orders in the applicant's records to show he was awarded the Purple Heart. 

16.  The applicant's record shows he was issued a DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty), dated 31 January 1986 to correct item 32 (Remarks) by adding //Enlisted 9 August 1990 for thee years; Honorably discharged 15 July 1953 to reenlist and reenlisted 16 July 1953 for six (6) years//nothing follows. 



17.  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.

18.  Headquarters, 15th Infantry Regiment Special Orders Number 56, dated 1 March 1951, shows the applicant was awarded the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy on 17 February 1951.  

19.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214's.

20.  Headquarters, U.S. Army Transportation School, Fort Eustis, Virginia Special Orders Number 13, dated 20 January 1970, shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar with M16 Rifle.  This award is not shown on his DD Form 214.  

21.  Headquarters, U.S. Army Training Center Engineer, Fort Leonard Wood, Missouri General Orders Number 104, dated 3 August 1971, shows the applicant was awarded the Army Commendation Medal for meritorious service during the period May 1971 through July 1971.  This award is not shown on his DD Form 214.  

22.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 1098th Transportation Company the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 6, dated 1974.

23.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 shows only one bronze service star indicating one campaign credit.  His records indicate he participated in the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII.

24.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Combat Infantryman Badge, the Parachutist Badge, the Distinguished Unit Citation, the Korean Unit Citations, the Republic of Vietnam Unit Citations, and his promotion to the Platoon sergeant/pay grade E-7.  

2.  Orders show the applicant was awarded the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy on 17 February 1951.  Therefore, his records should be amended to show this award. 

3.  The applicant's records show he was awarded the Parachutist Badge and therefore, no correction to his records is required.

4.  The applicant's unit was not authorized award of the Distinguished Unit Citation; therefore he is not entitled to have his record corrected to show this foreign unit award.

5.  Orders show the applicant was authorized award of the Army Commendation Medal.  This award was omitted from his DD Form 214.  Therefore, the applicant is entitled to correction of his records to show award of the Army Commendation Medal.

6.  Orders awarded the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

7.  Records show that the applicant participated in the three campaigns during his service in Vietnam.  Therefore is eligible for award of two additional bronze service stars to be affixed to existing Vietnam Service Medal with one bronze service star.

8.  The applicant's personnel records show that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar with M16 Rifle.  This award was omitted from his DD Form 214.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show this award.

9.  The applicant's record shows his pay grade as E-8 and therefore, no correction to his records is required.

10.  The applicant contends he entitled to award of the Purple Heart.  The applicant did not submit any documentary evidence in support of this application for award of the Purple Heart which was not previously considered by the Board on 9 May 2006. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JEA _  __LE  ___  __JCR __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by award of the Combat Infantryman Badge for satisfactory performance of duty in ground combat against the enemy on 17 February 1951, the Expert Marksmanship Qualification Badge with Rifle Bar, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service 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, the Parachutist Badge and promotion to the rank of sergeant first class/pay grade E-7.




_____James E. Anderholm____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.