IN THE CASE OF:	  

		BOARD DATE:	       13 January 2009

		DOCKET NUMBER:  AR20080017186 


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, that the records of her spouse, a deceased former service member (FSM), be corrected to reflect award of four Purple Hearts (Purple Heart with three oak leaf clusters) and the Silver Star.

2.  The applicant states that her spouse's "ribbon bar" showed a Silver Star and a Purple Heart with two oak leaf clusters and that item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) showed he had four injuries.

3.  The applicant also notes that her spouse was awarded two awards of the Combat Infantryman Badge but recently received the wrong badge from the Clothing and Heraldry Product Support Integration Directorate in Philadelphia.  She notes she received the badge denoting the first award of the Combat Infantryman Badge rather than the badge denoting a second award.  In that same shipment of award elements, the applicant indicated that she should have received the Korean Service Medal but received two Korea Defense Service Medals instead.

4.  The applicant provides a color copy of her spouse's "ribbon bar" and a copy of the DA Form 20.  She also submits documents showing which award elements were shipped to her from the Clothing and Heraldry Product Support Integration Directorate in Philadelphia with annotations on the shipping form of what she should have received and what she did receive.

5.  The applicant also submitted a copy of her spouse's 1966 separation document confirming award of two Combat Infantryman Badges.
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 initially entered military service in 1948 and subsequently enlisted in the Regular Army in June 1950.   He then served continuously until 31 October 1969 when he retired.

3.  The original DA Form 20 contained in records available to the Board indicates the FSM served in Korea between September 1950 and November 1951 and again between January 1961 and February 1962.  He served two tours of duty in Vietnam between January 1966 and October 1969.  Item 40 on the original DA Form 20 is blank.

4.  The FSM's 1966 separation document which reflected his service between 15 November 1960 and 14 November 1966 reflects "None" in item 27 (Wounds Received as a Result of Action with Enemy Forces).  Separation documents from the FSM's earlier periods of active Federal service (14 June 1950 through 14 November 1960) were not available to the Board.

5.  A June 1969 separation physical examination, conducted as part of the FSM's preparation for retirement, makes no mention of any wounds sustained as a result of hostile action.  The FSM's name is not among a list of individuals reported as combat casualties during either the Korean or Vietnam Wars.

6.  An 18 April 1966 special order issued by the United States Military Assistance Command in Vietnam awarded the FSM the second award of the Combat Infantryman Badge.  That award is reflected on the FSM's 1966 and 1969 separation documents.

7.  The FSM's records contain no evidence he was ever recommended for or awarded a Silver Star.  Item 41 (Awards and Decorations) on the original DA Form 20 in the FSM's records does not reflect award of the Silver Star or the Purple Heart with three oak leaf clusters.

8.  The color copy of the FSM's "ribbon bar" provided by the applicant appears to be various ribbons and a Combat Infantryman Badge (second award) embroidered on a cloth patch.  The entries in item 41 on the DA Form 20 showing award of the Silver Star, based on "Army Regulation 672-5-1 (DD Form 214)," and the "Purple w/3 cluster," based on "Army Regulation 670-5 (DD Form 214)," were hand written.  The four entries in item 40 on the DA Form 20 submitted by the applicant were also hand written.

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, the information provided by the applicant indicating that her spouse had been awarded the Silver Star and four awards of the Purple Heart could not be confirmed in any records available to the Board.  The basis for the entries on the copy of the DA Form 20 the applicant submitted in support of her request cannot be verified and are not recorded on the original of that form which is contained in the FSM's military personnel file.

2.  In the absence of more compelling evidence which confirms the FSM was awarded the Silver Star or entitled to any Purple Hearts, there is no basis to correct his records to reflect that information or authorize issuance of those decorations.

3.  The FSM's record does confirm he was awarded the second award of the Combat Infantryman Badge and that the badge is appropriately recorded on the FSM's separation documents.  No additional action by the Board is necessary.

4.  The applicant is advised to contact the Clothing and Heraldry Product Support Integration Directorate in Philadelphia to determine their procedures for returning the incorrect Combat Infantryman Badge and duplicate Korea Defense Service Medal and issuance of the correct decorations.

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.



      __________xxx_______________
                 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)                                         AR20080017186



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ABCMR Record of Proceedings (cont)                                         AR20080017186



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