RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 July 2007
      DOCKET NUMBER:  AR20070001256


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. James Hastie                  |     |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 that his Report of Transfer or Discharge (DD
Form 214) for the period covering 10 September 1970 through 30 September
1973 be corrected to reflect his service in Korea and the award of the
Purple Heart.

2.  The applicant states that the DD Form 214 that he was furnished for the
period covering 10 September 1970 through 30 September 1973 does not
reflect that he was awarded the Purple Heart or that he had service in
Korea.

3.  The applicant provides in support of his application, a copy of his DD
Form 214 for the period covering 10 September 1970 through 30 September
1973; a portion of an Authorization for Issuance of Awards; and a portion
of his Enlisted Qualification Record (DA Form 20).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 September 1973.  The application submitted in this
case is dated 13 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.  The applicant enlisted in the Regular Army on 4 September 1953, in
Dallas, Texas, for 3 years, in the pay grade of E-1.  He successfully
completed his training as a field artillery crewman.  He completed 2 years
and 6 days of net active service prior to being honorably discharged from
the Army on 9 September 1955, for the purpose of immediate reenlistment.
The available record is void of the DD Form 214 that he was furnished to
reflect this period of service.






4.  The applicant reenlisted in the Army for 6 years on 10 September 1955.
He completed 6 years of net active service for this period prior to being
honorably discharged from the Army on 9 September 1961, at the expiration
of his term of service.  The available record is void of the DD Form 214
that he was furnished to reflect this period of service.

5.  On 10 September 1961, the applicant reenlisted in the Army in
Duncanville, Texas, for 6 years.  The applicant's DA Form 20 indicates that
he was in Korea from 14 June 1963 through 30 June 1964 and that he was in
Germany from 16 August 1966 through the date of his honorable discharge on
10 September 1967.  The DD Form 214 that he was furnished at the time of
his discharge indicates that he had 2 years, 1 month, and 11 days of
foreign and/or sea service.  His DD Form 214 also indicates that he was
awarded the Army Good Conduct Medal (Third Award), the National Defense
Service Medal with One Oak Leaf Cluster, and the Expert Marksmanship
Qualification Badge (Carbine).

6.  The applicant was in Germany when he reenlisted in the Army for 3 years
on 11 September 1967.  His DA Form 20 shows that he was in Germany through
4 May 1969 and that he was in Vietnam from 4 July 1969 through 1 July 1970.


7.  On 24 June 1970 General Orders Number 6808 was published awarding the
applicant the Bronze Star Medal for meritorious service in connection with
military operations against a hostile force for the period covering July
1969 through July 1970.

8.  General Orders Number 6546 was published awarding him the Bronze Star
Medal for meritorious achievement in connection with military operations
against a hostile force for the period covering 1 January through 30 April
1970.

9.  After completing 2 years, 11 months, and 29 days of net active service
for this period, he was honorably discharged from the Army on 9 September
1970, for the convenience of the Government.  The DD Form 214 that he was
furnished at the time of his discharge shows that he had 2 years, 7 months,
and 22 days of foreign and/or sea service.  His DD Form 214 also indicates
that he was awarded the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal w/Device 1960, the Army Commendation Medal, the Republic of
Vietnam Gallantry Cross with Bronze Star, the Bronze Star Medal, and the
Army Good Conduct Medal (Fourth Award).




10.  The applicant was in Oklahoma on 10 September 1970 when he reenlisted
in the Army for 3 years.  His DA Form 20 shows that he remained in the
Continental United States throughout the remainder of his enlistment.  He
was honorably retired with over 20 years of service on 30 September 1973.
The DD Form 214 that he was furnished at the time of his retirement
indicates that he had no foreign and/or sea service and that he had no
service in Korea.  His DD Form 214 also indicates that he was awarded the
National Defense Service Medal with One Oak Leaf Cluster, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, the Army
Commendation Medal, the Army Good Conduct Medal (Fifth Award), the Bronze
Star Medal with One Oak Leaf Cluster, the Recruiter Badge, the Driver Badge
with Bar, and the Republic of Vietnam Gallantry Cross with Bronze Star.
However the Device 1960 he was awarded for wear on his Republic of Vietnam
Campaign Medal was omitted from his final DD Form 214.

11.  The portion of the Authorization for Issuance of Awards that the
applicant submitted in support of his application verifies entitlement to
the Korea Defense Service Medal and the Purple Heart.  However, the
authorization is undated and there is no name contained therein.

12.  The portion of the DA Form 20 that the applicant submitted in behalf
of his application indicates that he was awarded the Purple Heart and the
Bronze Star Medal in General Orders Number 5808 dated 1970.  However, this
entry was not made on the DA Form 20 maintained in his official military
record.

13.  A review of his official military records fails to show that the
applicant was ever wounded in action as a result of enemy forces and
awarded the Purple Heart or that he was awarded the Bronze Star Medal and
the Purple Heart in General Orders Number 5808.

14.  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.

15.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It states, in pertinent part, that the information
contained on the DD Form 214 will apply only to the period of service
covered by the DD Form 214.

16.  Army Regulation 600-8-22 states that the Korea Defense Service Medal
is authorized for award to members of the Armed Forces of the United States
who have served on active duty in support of the defense of the Republic of
Korea.  The period of eligibility is 28 July 1954 to a date to be
determined by the Secretary of Defense.

17.  Army Regulation 672-5-1 provides that the National Defense Service
Medal is awarded for honorable active service for any period between
27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August
1974, inclusive.  This regulation also provides that to signify a second
award of the National Defense Service Medal a Bronze Service Star will be
worn on the service ribbon.

DISCUSSION AND CONCLUSIONS:

1.  There appears to have been no error made by the Army in this case in
regard to award of the Purple Heart as there is no evidence in his official
records that shows that he is entitled.

2.  The evidence that the applicant has submitted in behalf of his request
for the Purple Heart to be included on his DD Form 214 has been noted.
However, there is no evidence in his official record which shows that he
was wounded in action by enemy forces and met the criteria for award of the
Purple Heart.

4.  Additionally, there are no orders in his official record awarding him
the Purple Heart and a partial, undated and unidentifiable Authorization
for Issuance of Awards is insufficient evidence to warrant granting the
applicant's request.

5.  The remarks section on the DD Form 214 that he was furnished for the
period covering 10 September 1970 through 30 September 1973 appropriately
reflects that he had no service in Korea.  In accordance with the
applicable regulation, the information contained on the DD Form 214 will
apply only to the period of service covered by the DD Form 214.

4.  In view of the foregoing, there is no basis for granting the
applicant's requests.

5.  However, the applicant is entitled to the Korea Defense Service Medal
as he served on active duty in support of the defense of the Republic of
Korea during the period of eligibility.  Therefore, this decoration should
be included on his DD Form 214.


6.  Moreover, the Device 1960 that the applicant is entitled to for wear on
his Republic of Vietnam Campaign Medal was erroneously omitted from the
applicant's DD Form 214.  He is also entitled to wear a Bronze Service Star
on his National Defense Service Medal instead of the Oak Leaf Cluster
currently reflected on the DD Form 214.  Therefore his records should be
corrected to reflect this information.

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 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 September 1976.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JI  ____  __RL ___  ___JH___  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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations
prescribed by law.  Therefore, there is insufficient basis to waive the
statute of limitations for timely filing or for correction of the records
of the individual concerned.

3.  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 his entitlement to the Korea Defense Service
Medal; the Device 1960 for wear on his Republic of Vietnam Campaign Medal;
and One Bronze Service Star for wear on his National Defense Service Medal,
instead of the Oak Leaf Cluster currently reflected.




                                  ______ John Infante_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001256                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070724                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY W/NOTE                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  61                  |107.0015/PURPLE HEART                   |
|3.  1058                |107.0141/KDSM                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]