RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070016376 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Donald L. Lewy

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 son of the deceased Former Service Member (FSM) requests that his father's record be corrected to show he was awarded the Purple Heart.

2.  The applicant states his father's DD Form 214 (Report of Separation from Active Duty) and DD Form 215 (Correction to DD Form 214) do not have the award of the Purple Heart recorded.  His father told him he received the Purple Heart for being shot down while in a helicopter during the Vietnam War.

3.  The applicant provides a copy of the FSM's DD Form 214 and DD Form  
215, two pictures of the Purple Heart Medal, and the FSM's Death Certificate.

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 FSM's military personnel record shows he enlisted in the Regular Army on 18 January 1951 and served until he was honorably released from active duty on 5 February 1954.  He had served a total of 3 years active service.

3.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 ending  
5 February 1954 shows he was awarded the Korean Service Medal with three bronze campaign [service] stars, United Nations Service Medal, and the National Defense Service Medal.

4.  He enlisted in the Regular Army on 27 October 1966.  He completed the necessary training and was awarded the military occupational specialty (MOS) 36K (Field Wireman).


5.  He was discharged from active duty on 11 August 1970 with his service characterized as under honorable conditions after serving 3 years, 9 months, and 15 days of Net Active Service This Period.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 ending  
11 August 1970 shows the Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the award of the Purple Heart.

7.  Item 31 (Foreign Service) of his DD Form 20 (Enlisted Qualification Record) shows that the applicant served in the Republic of Korea from August 1951 to November 1953; and the Republic of Vietnam from 8 March 1967 to 17 July  
1967 and 26 May 1969 to 15 September 1969.

8.  A review of the Republic of Vietnam Casualty Roster show the FSM's name was listed among those wounded.  The FSM's entry contains the injury code  
"24" which indicates "hostile wounded in action not serious hospitalized."  The roster further shows that the FSM sustained these injuries on 12 August 1969.

9.  Review of the FSM's record indicates entitlement to additional awards and decorations not shown in item 26 of his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards) states that the Republic of Korea War Service Medal (ROKWSM) is awarded to members of the U.S. Armed Forces who served in Korea and adjacent waters between 25 June 1950 and 27 July 1953.  The service prescribed must have been performed as follows:  (1) while on permanent assignment; (2) while on temporary duty within the territorial limits of Korea or on waters immediately adjacent thereto for 30 consecutive days or 60 nonconsecutive days; or (3) while as crew members of aircraft, in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his father's record should be corrected to show the award of the Purple Heart.

2.  The entry in the Republic of Vietnam Casualty Roster is sufficient to award the FSM the Purple Heart for a wound he sustained while engaged in hostile action on 12 August 1969.

3.  Evidence shows the FSM is authorized the award of the ROKWSM. Therefore, he is entitled to correction of his records to show this foreign award.

4.  Evidence shows the FSM is authorized the award Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this foreign unit award.

BOARD VOTE:

__LDS__  __ECP__  __DLL___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to waive failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show awards of the Purple Heart for wounds sustained in the Republic of Vietnam on 12 August 1969, ROKWSM, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




____Linda D. Simmons__
          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.