IN THE CASE OF:	  

		BOARD DATE:	      3 March 2011

		DOCKET NUMBER:  AR20100021314 


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 award of the Purple Heart and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all of his awards and decorations.

2.  The applicant states the Department of Veterans Affairs (VA) confirmed he was awarded the Purple Heart; however, the only award that is shown on his 
DD Form 214 is the National Defense Service Medal.

3.  The applicant provides a copy of his DD Form 214 and a letter from the VA issued on 15 March 2005.

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 inducted into the Army of the United States on 17 June 1965.  He completed his initial entry training and he was awarded military occupational specialty 62E (Heavy Construction Equipment Operator).

3.  The applicant served in the U.S. Army Pacific Command (USARPAC) in the Republic of Korea from 16 March 1966 to 25 April 1967 with Company B, 44th Engineer Battalion.  The applicant's record is devoid of documentation showing he served in the Republic of Vietnam.

4.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), and no record of court-martial.  An annotation states he was eligible for reenlistment.

5.  Item 40 (Wounds) of his DA Form 20 does not show an entry for wounds received in hostile action.

6.  Item 41 (Awards and Decorations) of his DA Form 20 contains only one entry, the National Defense Service Medal.

7.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar by Special Orders Number 103 issued on 29 July 1965 by 1st Training Brigade, Fort Gordon, GA.

8.  The applicant's service personnel records do not contain general orders awarding him the Purple Heart.

9.  The applicant was honorably released from active duty on 25 April 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 issued to him shows he competed 1 year, 10 months, and 9 days of active Federal service with 1 year and 1 month of foreign service in USARPAC.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the National Defense Service Medal.

11.  The applicant's name is not listed on the Vietnam casualty roster as being injured.  His military medical records are devoid of documentation showing he was wounded and that he received medical treatment from military personnel for any wounds.
12.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.

13.  The applicant provided a letter from the VA Health Eligibility Center located in Atlanta, GA, that states, "WE ARE PLEASED TO INFORM YOU THE . . . VA HAS CONFIRMED YOUR RECEIPT OF THE PURPLE HEART MEDAL."

14.  References:

	a.  Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services has been wounded, killed, or who has died as a result of 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.

	b.  Army Regulation 672-5-1 stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

	c.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Korea from 1 October 1966 to 30 June 1974.




	d.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he did not receive all his awards and decorations upon his separation from active duty.  In addition, he contends he received notification from the VA that he received the Purple Heart and now requests his DD Form 214 be corrected to show this award.

2.  Based on the evidence of record, the applicant served in the Republic of Korea.  His record is devoid of any documentary evidence showing he served in the Republic of Vietnam or that he was wounded.  In addition, the applicant's name does not appear on the Vietnam casualty roster as being wounded in action nor does ADCARS show he was awarded the Purple Heart.  Therefore, in the absence of military and medical records showing he served in the Republic of Vietnam and that he was wounded in action and received medical treatment for his wounds there is insufficient evidence upon which to base award of the Purple Heart.

3.  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.  The applicant has failed to submit evidence, specifically documented medical evidence from military medical personnel of the Armed Forces who provided medical treatment to the applicant for wounds received during hostile action.  This Board does not find that the VA letter provides sufficient documentary evidence to support award of the Purple Heart. 

4.  Based on the applicant's “excellent” conduct and efficiency ratings, and the absence of evidence showing disqualification, and his completion of a qualifying period of service from 17 June 1965 to 25 April 1967, he appears eligible for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st award) and correction of his DD Form 214 to add this award.

5.  He is entitled to award of the Armed Forces Expeditionary Medal and correction to his DD Form 214 to show this award based on his qualifying period of service in the Republic of Korea commencing after 1 October 1966 through 25 April 1967. 

6.  Special orders announced award of the Expert Marksmanship Qualification Badge with Rifle Bar during his period of active duty.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.  

7.  The applicant is entitled to award of the Korea Defense Service Medal and correction to his DD Form 214 to show this award based on his service in the Republic of Korea during a qualifying period after 1954.

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: 

   a.  awarding him the Army Good Conduct Medal (1st Award) for his period of service from 17 June 1965 to 25 April 1967; and
   
   b.  adding the following awards to his DD Form 214:
   
* Army Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Korea Defense Service Medal

2.  The Board further determined 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 the Purple Heart.






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 our Nation.  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)                                         AR20100021314



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ABCMR Record of Proceedings (cont)                                         AR20100021314



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