IN THE CASE OF:	  

	BOARD DATE:	
	DOCKET NUMBER:  AR20080002205 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Purple Heart and correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 July 1981, to show this award. 

2.  The applicant states, in effect, that he was wounded on 18 February 1970, by grenade fragments while engaging the enemy at the Hickory Radio Relay site.  He also states, in effect, that all evidence proves he should be awarded the Purple Heart and he believes he should receive this award.  

3.  In support of his application, the applicant provides copies of his Chronological Record of Medical Care and his DD Form 214, dated 31 July 1981. 

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 military records show he reenlisted in the Regular Army on 16 July 1962, with prior enlisted service.  He completed basic and advanced individual training and was assigned military occupational specialty 11C, Infantry Indirect Fire Crewman.  

3.  The applicant's DA Form 24 (Service Record) shows he served in Korea from 1 February 1961 to 21 April 1962.  His record shows he served in the Republic of Vietnam from 1 January 1968 to 11 July 1968, with Special Operations Augmentation, 5th Special Forces Group, 1st Special Forces, for two campaigns.

4.  The applicant was released from active duty, in pay grade E-6, on 11 July 1968, as an Overseas Returnee.  He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), that lists in Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the following awards:  the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the Good Conduct Medal, the Combat Infantryman Badge, and the Parachutist Badge.  

5.  The applicant enlisted in the Regular Army on 13 October 1969, for 3 years. He served continuously on active duty through several reenlistments.  His record shows he again served in the Republic of Vietnam from 17 November 1969 to 2 November 1970, with Special Operations Augmentation, 5th Special Forces Group, 1st Special Forces, for four campaigns.

6.  The applicant submits a copy of his Chronological Record of Medical Care that contains an entry, dated 21 February 1970, stating he was hit above the right eye with grenade fragments on 18 February 1970 at a radio relay site.  The entry in this medical record specifically shows the words, "He was treated by a medic on site."  The medical record continues, in effect, that there was a wound approximately 4x4 mm on the upper eyelid.  There was slight inflammation of conjunctiva with some discoloration I the nasal corner of orbit.  Wound was healing well without complication.  A close review of this document indicates the entry may have been signed by the applicant himself.

7.  The applicant was released from active duty for the purpose of retirement, in pay grade E-7, on 31 July 1981, and transferred to the United States Army Reserve (USAR) Control Group (Retired).

8.  The applicant was issued a DD Form 214, that lists in Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the following awards:  the Good Conduct Medal (7th Award), the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal with one silver service star and two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Presidential Unit Citation, the Parachutist Badge, the Bronze Star Medal, the Army Commendation Medal with Bronze Oak Leaf Cluster, three Overseas Service Bars, the Republic of Vietnam Armed Forces Honor Medal, First Class [correctly known as the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation], the Driver and Mechanic Badge with Driver-W Bar, the Combat Infantryman Badge, the United States Army Gold Recruiter Badge with three Sapphire Stars, and the Republic of Vietnam Parachutist Badge.  The Purple Heart is not listed.

9.  There are no orders in the applicant’s service personnel record that shows he was awarded the Purple Heart during his periods of service in the Republic of Vietnam.  There is also no evidence in his record that shows he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations). 

10.  The Vietnam Casualty Roster does not show the applicant’s name and there are no medical treatment records available, besides the suspect document, to show how or when he might have been wounded or injured.

11.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) of the records of the applicant's units for the timeframe the applicant served in Vietnam was conducted.  This review failed to show any orders were published authorizing award of the Purple Heart to the applicant.

12.  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 medical personnel, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 (Military Awards) 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 area of eligibility and period of eligibility are as follows:  (a) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (b) all air spaces above the 


land and water area. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  
(1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, (2) wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or (3) participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for Korea Defense Service Medal eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the Korea Defense Service Medal was subsequently authorized are eligible for both the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.  Award of the Korea Defense Service Medal for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded or injured in action.  Careful consideration was given to the documentation submitted by the applicant.  The Chronological Record of Medical Care submitted by the applicant appears to have been written by the applicant himself.  This can be reasonably concluded by reviewing the verbiage contained in the entry, "He was treated by a medic on site" and the fact that the applicant's name appears below the entry where normally the signature of the person providing the medical treatment would appear.

2.  Given the lack of any corroborating evidence of record or evidence from other independent sources, the documentation alone is not sufficient to meet the regulatory burden of proof necessary to support that the applicant was wounded 
or treated for wounds as a result of hostile action in the Republic of Vietnam and entitled to award of the Purple Heart.



3.  The evidence of record contains no orders, or other documents confirming that the applicant's alleged injury was caused by his participation in direct or indirect combat operations and that a record of medical treatment for wounds or injuries received in action was made a matter of official record at the time.  The evidence also does not show he was ever recommended for or awarded the Purple Heart by proper authority.  Further, the Purple Heart is not included in the list of authorized awards contained on his DD Form 214, dated 31 July 1981.  Therefore, absent corroborating evidence confirming the applicant's account of how he received his alleged injury (eyewitness accounts, chain of command supporting letters, etc.), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  

5.  In the processing of this case, it was noted the applicant served in Korea during the qualifying period for award of the Korea Defense Service Medal.  This award will be administratively added to the applicant's DD Form 214 even though he did not specifically request this award.

6.  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

____x___  ___x____  ___x____  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 by awarding him the Purple Heart.

2.  The Board determined that administrative error in the records of the individual 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 and providing him a correction to his separation document, dated 11 July 1968,  that includes this award.




      ___________x____________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080002205



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ABCMR Record of Proceedings (cont)                                         AR20080002205


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