IN THE CASE OF:	  

	BOARD DATE:	  26 August 2008

	DOCKET NUMBER:  AR20080006076 


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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), effective 31 December 1972, to show award of the Purple Heart.

2.  The applicant states, in effect, that he would like a Purple Heart added to his DD Form 214, effective in 1972, for being wounded while in the Republic of Vietnam.  

3.  The applicant provides a copy of his DD Form 214 issued to him in 1954 and a Disposition Form (DA Form 2496) dated 14 July 1969 indicating that his next of kin were to be notified if he became slightly wounded.

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.  On 23 October 1952, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 1745 (Light Weapons Infantryman).

3.  On 29 April 1953, the applicant was assigned duty as a rifleman with the 9th Infantry Regiment, in the Republic of Korea.  He served with this unit until his redeployment to the United States on 9 August 1954.

4.  Section 8 (Wounds Received Through Enemy Action) of the applicant’s Service Record (DD Form 230) contains no entries indicating that he was not wounded during the Korean Conflict.

5.  Section 9 (Medals, Decorations and Citations) of the applicant’s DD Form 230, lists his awards as the Korea Service Medal with two bronze service stars, United Nations Medal, Combat Infantryman Badge, National Defense Service Medal, Republic of Korea Presidential Unit Citation, and the Good Conduct Medal.  It does not show award of the Purple Heart.

6.  On 17 August 1954, the applicant was released from active duty and transferred to the United States Army Reserve.  He had completed 1 year, 
9 months, and 26 days of creditable active service during this period.

7.  Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, effective 17 August 1954, lists his awards as the Korean Service Medal with two bronze service stars, United Nations Medal, Combat Infantryman Badge, National Defense Service Medal, Republic of Korea Presidential Unit Citation, and the Good Conduct Medal.  It does not show award of the Purple Heart.

8.  Records indicate that the applicant reenlisted in the Regular Army on 
13 October 1954 and served through a series of assignments and reenlistments.

9.  On 3 February 1967, the applicant was assigned for duty as a reconnaissance sergeant with the 7th Battalion, 11th Field Artillery Regiment, in the Republic of Vietnam.  He served with this unit until his return to the United States on 
20 January 1968. 

10.  On 10 July 1969, the applicant was again assigned duty in the Republic of Vietnam.  He performed duty as a liaison sergeant with the 5th Battalion, 4th Field Artillery Regiment.  

11.  On 9 July 1970, the applicant was reassigned to the Republic of Korea with duty as a career counselor.  He returned to the United States on 25 August 1972 for duty at Fort Polk. Louisiana.

12.  On 31 December 1972, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Retired Reserve). He had attained the rank of staff sergeant, pay grade E-6 and had completed 
20 years and 13 days of creditable active service.

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 24 July 1969, lists his awards as the National Defense Service Medal with an Oak Leaf Cluster, Good Conduct Medal (four awards), Vietnam Service Medal, and the Vietnam Campaign Medal.  It does not show award of the Purple Heart.

14.  Item 40 (wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that he received shrapnel wounds to his left foot and left hand in 1953 and a leg wound in 1954.  It does not show any wounds received during his service in the Republic of Vietnam.   Item 41 (Awards and Decorations) of this same form shows that he was issued a Purple Heart, but does not identify the general order number, unit or date of publication.

15.  The applicant's name does not appear on the Korean War Casualty List as a combat casualty.

16.  The applicant’s name is not listed on the Vietnam Casualty Roster.  His service medical records are not available for review.

17.  Army Regulation 600-8-22 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.  

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Korean War Casualty List or on the Vietnam Casualty Roster.  


2.  The applicant’s DD Form 230 dated 1954 is not in agreement with the entries posted on his DA Form 20, dated 22 September 1972, regarding wounds received during the Korean Conflict.  

3.  There is no available evidence showing that he was wounded during his service in the Republic of Vietnam or that he received any medical treatment for such wounds.  

4.  In view of the above, the applicant’s request should be denied.

5.  However, should the applicant be able to obtain substantiating evidence such as orders, casualty messages, or morning report entries showing that he was wounded and awarded the Purple Heart he may submit another application for consideration.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





__________ _ 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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080006076



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