IN THE CASE OF:	  

		BOARD DATE:	  18 July 2013

		DOCKET NUMBER:  AR20120021679 


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 records to show award of the Purple Heart.

2.  The applicant states he was wounded while serving in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted in the Regular Army on 4 January 1962 for a period of 3 years.  Upon completion of training, he was awarded military occupational specialty 711 (Clerk Typist).
3.  A DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Foreign Service):  Republic of Korea (ROK) from 15 November 1963 through 14 December 1964; and

   b.  item 33 (Record of Assignments):

* Basic Combat Training - Company B, 13th Battalion, 4th Training Regiment, Fort Knox, KY, from 8 January through 25 March 1962
* Advanced Individual Training - Company B, Special Regiment, U.S. Army Training Center (USATC), Fort Knox, KY, from 26 March through 10 June 1962
* Clerk Typist - Headquarters Training Command, USATC, Fort Polk, LA, from 11 June through 30 September 1962
* Clerk Typist - Headquarters Company, USATC, Fort Polk, LA, from
1 October 1962 through 2 April 1963
* Clerk Typist - Company D, Special Troops, Fort Polk, LA, from
3 April through 20 November 1963
* Clerk Typist - Detachment R (Provisional), U.S. Army Advisory Group, Korea, with duty Taegu, Korea, effective 21 November 1963

4.  The applicant's DA Form 24 (Service Record) shows in:

   a.  section 4 (Chronological Record of Military Service):  Detachment R (Provisional), Korean Military Advisory Group, from 21 November 1963 through 26 November 1964;

   b.  section 5 (Service Outside Continental United States (CONUS)):

* deployed overseas - 15 November 1963
* arrived in Korea - 17 November 1963
* redeployed from overseas - 27 November 1964
* arrived in CONUS - 14 December 1964

   c.  section 7 (Combat Record):  is blank (no entries);

   d.  section 8 (Wounds Received Through Enemy Action):  is blank 
(no entries); and

   e.  section 9 (Medals, Decorations, and Citations) shows he was awarded the:

* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) 
5.  The applicant's DD Form 214 shows he was honorably released from active duty on 14 December 1964, by reason of early separation of overseas returnee, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 2 years, 11 months, and 11 days of net active service that included 1 year and 1 month of foreign service.

	b.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1) 

   c.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "None."

6.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he served in Vietnam, or that he was wounded in action, or that he was awarded the Purple Heart.

7.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster failed to reveal the applicant's name.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

   b.  Appendix B shows the authorized period for wartime awards during the Korean War was from 27 June 1950 through 27 July 1953.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart because he was wounded in Vietnam.

2.  The applicant's claim to the Purple Heart was carefully considered.

   a.  The evidence of record shows the applicant served overseas in the ROK and he was assigned to Detachment R (Provisional), Korean Military Advisory Group, with duty in Taegu, Korea, from 21 November 1963 through 26 November 1964.  This period of service was subsequent to the armistice that suspended armed conflict on the Korean peninsula.
   
   b.  There is no evidence of record that shows the applicant served overseas in Vietnam.
   
   c.  There is no evidence that he was wounded or injured in action or as a result of a hostile act by the enemy.
   
   d.  His name is not listed on the Vietnam casualty listing and there is no evidence the applicant was awarded the Purple Heart.

3.  In order to support awarding a member the Purple Heart, it is necessary to establish that the individual was wounded or injured in action or as a result of enemy action, the wound required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  The evidence of record does not satisfy the criteria for award of the Purple Heart.

4.  In view of all of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   __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)                                         AR20120021679



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ABCMR Record of Proceedings (cont)                                         AR20120021679



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