BOARD DATE:	  17 November  2009

		DOCKET NUMBER:  AR20090010054 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his award of the Army Commendation Medal (ARCOM), a second award of the Purple Heart 
(PH 1OLC), the Army Service Ribbon (ASR), the Overseas Service Ribbon (OSR) with numeral 2, the Noncommissioned Officer Professional Development Ribbon (NCOPDR), and the Korea Defense Service Medal (KDSM).

2.  The applicant states that he was awarded the ARCOM for his tour as an advisor with the California Army National Guard (CAARNG), on 2 February 1971, and while he does not have documentation to support the award, it was annotated on his records.  He goes on to state that the National Personnel Records Center (NPRC) notified him that he was awarded a second Purple Heart that he was not aware of.  However, he was wounded more than once during and after the TET Offensive of 1968 and he was treated by medics who sent in the wound tags as required.  He goes on to state that the NPRC also notified him that he was authorized the ASR, the OSR with numeral 2, the NCOPDR and the KDSM.  Accordingly, he wants his DD Form 214 corrected to reflect an accurate record of his service.

3.  The applicant provides a letter explaining his application, a copy of his DD Form 214, a letter of awards entitlement from the NPRC, and a copy of his DA Form 66 (Officer Qualification Record).



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 was born on 7 September 1943 and enlisted in the Regular Army on 31 May 1962 for a period of 3 years and served as quartermaster supply specialist.  He served a tour in Korea from 3 October 1962 to 23 November 1963 and was then transferred to Germany (serving 36 months).  He was honorably discharged in the pay grade of E-4 on 1 February 1965 for the purpose of immediate reenlistment.  This DD Form 214 shows he was issued the Marksman Marksmanship Qualification Badges (Rifle M-1) and Carbine and the Sharpshooter Marksmanship Qualification Badge (Rifle M-14). 

3.  He reenlisted on 2 February 1965 for a period of 6 years and on 28 December 1967, he was transferred to Vietnam for duty as a light weapons infantryman.  He was promoted to the pay grade of E-6 on 1 April 1968.

4.  The available records show that he was wounded on 29 April 1968, that he was awarded the Purple Heart on 2 May 1968, that he was awarded the Bronze Star Medal (BSM) with "V" Device for heroism on 9 May 1968 and that he was awarded the BSM for meritorious service for the period of December 1967 to December 1968.  He served in five campaigns during his tour in Vietnam and departed Vietnam on 20 December 1968.  A search of the Vietnam Casualty Listing shows only one entry for the applicant being wounded on 29 April 1968. 

5.  On 1 February 1971, while assigned to the United States Army Advisory Group in California, the applicant was honorably discharged due to the expiration of his term of service (ETS).  He had served 8 years, 8 months, and 1 day of total active service and had completed three overseas tours.  He had also completed the noncommissioned officer academy.


6.  His DD Form 214 issued at the time of his discharge shows that he was awarded the Purple Heart, the Vietnam Service Medal, the National Defense Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the BSM with "V" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the BSM, the Good Conduct Medal (2d award), and his marksmanship badges.

7.  On 2 February 1971, he was commissioned as a United States Army Reserve (USAR) second lieutenant (2LT) and on 4 February 1971, he accepted an appointment in the CAARNG as a 2LT.  He was issued his 20-year letter on 14 July 1983 and served in the CAARNG until he was transferred back to the USAR in 1985 and was promoted to the rank of major effective 1 March 1985.  He was transferred to the Retired Reserve on 26 March 1993.

8.  A review of the available records failed to show any orders indicating that the applicant was awarded either a second award of the Purple Heart or the ARCOM.

9.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 600-8-22 shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

11.  Army Regulation 600-8-22 shows that the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

12.  Army Regulation 600-8-22 shows that the Noncommissioned Officer Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  The regulation governing this award provides that graduates of Noncommissioned Officer Academy Courses conducted prior to 1976 for the Active Army and conducted prior to 1980 for Reserve Components will be given credit for the Primary Level only.

13.  Army Regulation 600-8-22 provides for the wear of one bronze service star on the appropriate service medal, to include the Vietnam Service Medal, for each credited campaign participation. One silver service star is worn in lieu of five bronze service stars.

14.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to reflect a second award of the Purple Heart and the award of the ARCOM has been noted.  However, the applicant has failed to show through the evidence of record and the evidence submitted with his application, sufficient evidence to establish that he was in fact awarded those awards.  Therefore, in the absence of such evidence there appears to be no basis to grant that portion of his request.

2.  The applicant's contention that his records should be corrected to reflect the awards of the ASR, the OSR with numeral three, the NCOPDR and the KDSM has also been noted and appears to have merit.  Although those awards were 


not in existence at the time of his discharge from active duty in 1971, the applicant remained in an active status up until the time he was placed in the Retired Reserve and he did in fact serve a tour in Korea during the qualifying period.  Therefore, he is entitled to those awards.  Additionally, the applicant served in five campaigns in Vietnam and is also entitled to wear one silver service star on his already-awarded Vietnam Service Medal.

3.  While it is noted that the NPRC notified the applicant that he was authorized the award of the Purple Heart with 1OLC and the ARCOM, both of those awards are required to be announced in special orders and lacking orders awarding him those awards, there is no basis for this Board to add these awards to his 1971 DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  _x_______  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 dated 1 February 1971 the ASR, the OSR with numeral three, the NCOPDR, the KDSM, and one silver service star for wear on his already-awarded VSM.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding an additional award of the Purple Heart and the ARCOM to his DD Form 214.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the 


United States.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   _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)                                         AR20090010054



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ABCMR Record of Proceedings (cont)                                         AR20090010054



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