BOARD DATE:	  12 April 2012 

		DOCKET NUMBER:  AR20110019954 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* two awards of the Purple Heart
* a Bronze Star Medal with "V" Device
* an Air Assault Badge
* a second award of the Army Commendation Medal
* a "Korean Service Medal"
* the overseas medals for Vietnam and Korea

2.  The applicant states:

	a.  he was issued the Purple Heart for hearing problems from a fire fight in October 1968.  He was also issued the Purple Heart when he was bitten by a bamboo viper (snake) in his left wrist in late October 1968.

	b.  he was issued a Bronze Star Medal for valor for 10 1/2 months of active duty in the field and on Hamburger Hill.

	c.  he was issued the Air Mobile/Air Assault medal when the 101st Airborne went in late 1968, early 1969.  His company made many air assaults from August 1968 to September 1969.


	d.  he was issued the Army Commendation Medal twice for volunteering to walk point for 4 months.

	e.  he also earned the "Korean Service Medal" in 1970-1971 when he was with the 2nd Infantry Division.

	f.  he earned the overseas medals for his service in Vietnam and Korea.

3.  The applicant provides no documentary evidence.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1dd552(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 enlisted in the Regular Army on 21 March 1968 for a period of 
3 years.  He served as an infantryman in Vietnam from 6 September 1968 to 
31 August 1969.  He served as a military police in Korea from 3 May 1970 to 
13 March 1971.

3.  There are no orders for the Purple Heart, Bronze Star Medal with "V" Device, Air Assault Badge, or a second award of the Army Commendation Medal in the available records.  His record contains general orders awarding him the Army Commendation Medal for meritorious achievement in Vietnam during the period 1 October 1968 to 28 February 1969.

4.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Purple Heart, Bronze Star Medal with "V" Device, Air Assault Badge, or a second award of the Army Commendation Medal.

5.  Item 40 (Wounds) of his DA Form 20 is blank.  His name does not appear on the Vietnam casualty listing.


6.  On 3 March 1971, he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.

7.  On 14 March 1971, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 11 months, and 24 days of total active service.

8.  His DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), dated 11 August 1999, shows the:

* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (-16)

9.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart, Bronze Star Medal with "V" Device, or a second award of the Army Commendation Medal pertaining to the applicant.

10.  There is no evidence of record and the applicant did not provide any evidence that shows he completed an air assault training course.

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:


	a.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The regulation further states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Bronze Star Medal.

	b.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

	c.  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, distinguishes 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.

	d.  The Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	e.  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.

	f.  The Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Bronze Star Medal for valor.  However, since there are no orders for the Bronze Star Medal with "V" Device in 

the available records and he provided no orders, there is an insufficient evidentiary basis for granting this portion of his request.

2.  The applicant contends he received two awards of the Purple Heart.  

3.  Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards.  The Purple Heart requires:

* a wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records
* official orders awarding the decoration

4.  There is no evidence in the available record and the applicant did not provide any evidence that shows he was awarded any Purple Hearts or that he was wounded as a result of hostile action in Vietnam.  Regrettably, there is an insufficient evidentiary basis for granting this portion of his request.

5.  He contends he was awarded two awards of the Army Commendation Medal.  His record contains general orders awarding him the Army Commendation Medal for meritorious achievement in Vietnam during the period 1 October 1968 to      28 February 1969.  However, there are no orders in his record and he did not provide any orders for a second award of the Army Commendation Medal.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

6.  The applicant contends he earned the Korean Service Medal for his service in Korea in 1970-1971 with the 2nd Infantry Division.  The Korean Service Medal period of eligibility is between 27 June 1950 and 27 July 1954.  As such, it is not possible he earned this award during his period of service in Korea.  Therefore, there is no basis for granting this portion of his requested relief.

7.  However, it is obvious he meant he earned the Korea Defense Service Medal for his service in Korea since the period of eligibility for this award is 28 July 1954 to a date to be determined by the Secretary of Defense.  Therefore, it would be appropriate at this time to add this award to his DD Form 214.

8.  There is no evidence of record and the applicant did not provide any evidence that shows he completed an air assault training course.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the 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 Korean Service Medal and all other awards requested by the applicant in this case.



      _________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)                                         AR20110019954



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ABCMR Record of Proceedings (cont)                                         AR20110019954



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