BOARD DATE: 16 August 2011
DOCKET NUMBER: AR20110003246
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 the Combat Infantryman Badge (CIB).
2. He states:
* he was wounded in the line of duty while checking on his platoons during hostile action in Korea on 3 February 1968
* he enlisted, completed officer candidate school, and was commissioned as an infantry officer
* he served along the demilitarized zone (DMZ) the bridge over Imjim River and the banks of the river in Korea in January 1968
* he deserves the country's recognition for his service and the permanent wound he received
* during the 1960's the mood toward the military was ugly so he did not request a change sooner
* he is putting his affairs in order and wants to display his awards and medals
3. He provides:
* three DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a witness statement, dated 3 July 1968
* a statement of medical examination, dated 17 July 1968
* a U.S. Army Administration Center (USAAC) Form 368 (Report of Morning Report Search), dated 22 May 1970
* two Veterans Administration (VA) Forms 07-3101 (Request for Information), dated 22 May 1970 and 2 June 1971
* an 8-page article from the Republic of Korea Drop website
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 record shows he enlisted in the Regular Army on 31 October 1966 and served until he was discharged on 12 December 1967 for the purpose of accepting a commission. He was commissioned as a second lieutenant, Infantry in the U.S. Army Reserve (USAR) and ordered to active duty on 13 December 1967.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows:
a. in item 5 (Overseas Service) that he served in Korea from 17 January 1968 to 13 February 1969;
b. in item 9 (Awards, Decorations, and Campaigns) that he was awarded the National Defense Service Medal (NDSM), Army Good Conduct Medal (AGCM), Armed Forces Expeditionary Medal (AFEM) (Korea), and Army Commendation Medal; and
c. in item 35 (Current and Previous Assignments) a consolidated entry for the period prior to 18 February 1977. It does not show his unit of assignment in Korea.
4. On 12 September 1969, he was honorably released from active duty and transferred to the USAR Control Group (Annual Training) after serving a total of 2 years, 10 months, and 12 days of creditable active military service. The DD Form 214 he was issued for this period shows he was awarded the NDSM, AGCM, and AFEM (Korea) in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). It does not show award of the Purple Heart or CIB.
5. The Korea casualty roster does not contain the applicant's name.
6. He submitted two VA Forms 07-3103, dated 22 May 1970 and 13 June 1971, respectively, which show the VA requested a copy of the report and line-of-duty investigation for the gunshot wound to his right elbow on 3 February 1968.
7. He submitted a copy of a USAAC Form 368, dated 22 May 1970, which shows he departed the hospital on 4 February 1968 en route to the 4th Surgical Hospital after being shot in the right arm during an operational commitment and that his injury was incurred in the line of duty.
8. He submitted a witness statement from the noncommissioned officer in charge (NCOIC), dated 3 July 1968, who states he met the applicant on 3 February 1968 after arriving near Position 9 and posting security and the applicant stated he was shot. The NCOIC had the medic take care of the applicant. The Soldiers performing security told the NCOIC they had seen someone cross the road south of Position 9.
9. He submitted a letter from Headquarters and Headquarters Company, 2nd Battalion (Mechanized), 9th Infantry (Manchu), dated 17 July 1968, wherein the battalion surgeon stated the applicant was wounded in his right arm by small arms fire on 3 February 1968.
10. He submitted an 8-page article from the Republic of Korea Drop website, entitled, "The DMZ Flashpoints: The Blue House Raid," dated 30 December 2008. This article summarizes the 1968 North Korean attempt to insert commandos into South Korea for the express purpose of assassinating then-South Korean President Park Chung-Lee.
11. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify 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.
12. Army Regulation 600-8-22 states a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of four conflicts:
a. World War II (7 December 1941 to 3 September 1945);
b. the Korean Conflict (27 June 1950 to 27 July 1953);
c. the Vietnam Conflict, which includes service in Vietnam (2 March 1961 to 28 March 1973) and qualifying service in Laos (19 April 1961 to 6 October 1962), Dominican Republic (28 April 1965 to 1 September 1966), Korea on the DMZ (4 January 1969 to 31 March 1994), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and Persian Gulf War (17 January to 11 April 1991); and
d. the War on Terrorism, which includes Afghanistan for Operation Enduring Freedom and Iraq for Operation Iraqi Freedom.
DISCUSSION AND CONCLUSIONS:
1. The evidence he submitted shows he was wounded on 3 February 1968. The qualifying period of service for award of the CIB in Korea on the DMZ was from 4 January 1969 to 31 March 1994. As a result, he is not eligible for award of the CIB. Therefore, he is not entitled to have his record corrected to show this award.
2. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify an injury/wound was the result of hostile action, the injury/wound required treatment by medical personnel, and the medical treatment was made a matter of official record.
3. He submitted evidence which shows he was wounded in the right arm. However, there is no evidence of record and he did not submit any evidence that shows he was shot as a result of hostile action. Regrettably, absent evidence which conclusively shows he sustained wounds or injuries as a result of hostile action, he was treated by medical personnel for those wounds or injuries, and this treatment was made a matter of official record, there is an insufficient basis for awarding him the Purple Heart.
BOARD VOTE:
________ ________ _______ GRANT FULL RELIEF
________ ________ _______ GRANT PARTIAL RELIEF
________ ________ _______ GRANT FORMAL HEARING
___x__ __x______ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him 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) AR20110003246
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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