IN THE CASE OF:	  

		BOARD DATE:	  19 April 2012

		DOCKET NUMBER:  AR20110020382 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in Vietnam and Korea.  He also requests correction of his DD Form 214 to show award of the Purple Heart and all foreign service medals that he earned. 

2.  The applicant states, in effect, his DD Form 214 does not show he served in Korea or Vietnam and no medals are listed except the National Defense Service Medal.   He states he was wounded and the Purple Heart is not listed.  His 
DD Form 214 does show he served 1 year and 17 days of foreign service, but no foreign service medals.  He served with the 1st Cavalry in Vietnam and the 2d Infantry Division in Korea.  He was wounded and sent to Valley Forge General Hospital.  He believes his service should be recognized by having the medals and citations he earned added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, his letter to the National Personnel Records Center, and a 2-page Narrative Summary.

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 records show he enlisted in the Regular Army on 19 May 1964 and held military occupational specialty 02L (Saxophonist).  

3.  His DA Form 20 shows in:

	a.  Item 31 (Foreign Service) in Korea from 15 December 1964 through        31 December 1965; 

	b.  Item 38 (Record of Assignments) that he was assigned to:

		(1)  the Eighth Army Band (Korea) from 7 January through 5 May 1965;

		(2)  Headquarters and Headquarters Company and Band Support Command (Korea) from 6 May through 30 December 1965; 

		(3)  the 389th Army Band, Fort Monmouth, NJ, from 3 February through
9 March 1966; and

		(4)  Patterson Army Hospital, Fort Monmouth, NJ as a patient on several occasions between 10 March and 15 June 1966, when he was transferred to the Medical Holding Company, Valley Forge General Hospital, Phoenixville, PA. 

	c.  He received all "excellent" conduct and efficiency ratings. 

4.  He was honorably released from active duty on 18 May 1967 in the rank of specialist four.  He had completed 3 years of net active service for the period.  His DD Form 214 shows in:

	a.  Item 12f (Foreign Service), he completed 1 year and 17 days of foreign service in USARPAC (U.S. Army Pacific).

	b.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal.

5.  His record contains special orders showing he qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  In support of his request, the applicant provides a 2-page Narrative Summary, dated 27 April 1967, which states the applicant served an overseas tour in Korea. He had a family history of tuberculosis and had been transferred to Valley Forge General Hospital for examination.  The Narrative Summary is partially unreadable.

7.  A review of the applicant's military personnel record failed to reveal any evidence he served in Vietnam or was authorized the Purple Heart.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, 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.  

9.  Army Regulation 600-8-22 (Military Awards) states that:

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  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 area.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

	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 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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his honorable release from active duty as a specialist four.  There is no evidence of a commander's disqualification for the Army Good Conduct Medal (1st Award).  It is presumed that he was not awarded the medal due to an oversight.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award).
2.  The evidence of record shows the applicant served in Korea from 
15 December 1964 through 31 December 1965.  This period of foreign service is captured in item 12f of his DD Form 214.  There was no provision at that time to list the specific country in which foreign service was performed.  Nevertheless, his service in Korea qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.

3.  His record shows he was qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This badge should be listed on his DD Form 214.  

4.  There is no official record to show the applicant served in Vietnam or was treated for a wound sustained as a result of enemy action or while in action against the enemy.

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 amending his DD Form 214 by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 
19 May 1964 through 18 May 1967; and 

	b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal 
(1st Award), Korea Defense Service Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.





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 correcting his DD Form 214 to include a specific entry showing he served in Vietnam and awarding him the Purple Heart.



      _______ _  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)                                         AR20110020167



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ABCMR Record of Proceedings (cont)                                         AR20110020382



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