IN THE CASE OF:	   

		BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140002157 


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) ending on 14 December 1973 to show the: 

* Bronze Star Medal
* Purple Heart
* Joint Service Commendation Medal
* Army Commendation Medal
* Korea Defense Service Medal

2.  The applicant states he has a letter from the National Personnel Records Center (NPRC) verifying these awards. 

3.  The applicant provides a letter from NPRC and his DD Forms 214 ending on 10 January 1969, 15 December 1970, and 14 December 1973.  

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 was inducted into the Army of the United States on 18 September 1967.  He held military occupational specialty 16B (Hercules Missile Crewmember). 

3.  He served in Korea from on or about 28 February 1968 to on or about 24 June 1969.  

4.  He was honorably discharged on 10 January 1969 for the purpose of enlistment in the Regular Army (RA).  His DD Form 214 for this period of service shows he was awarded or authorized the: 

* Armed Forces Expeditionary Medal
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  He enlisted in the RA on 11 January 1969.  He was honorably discharged on 15 December 1970 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he was awarded or authorized the same awards as shown on his previous DD Form 214.

6.  He reenlisted in the RA on 16 December 1970.  He served in Vietnam from on or about 7 March 1971 to on or about 26 January 1972.  He was assigned to the 720th Military Police Company.

7.  He was honorably discharged on 14 December 1973.  His DD Form 214 for this period of service shows he was awarded or authorized the: 

* National Defense Service Medal
* Armed Forces Expeditionary Medal (Korea)
* Republic of Vietnam Campaign Medal with Device 1960
* Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with three campaign credits

8.  He provides a letter from the NPRC informing him that he is authorized shipment of various awards, including the awards listed on his DD Form 214 as well as the:

* Bronze Star Medal
* Purple Heart
* Joint Service Commendation Medal
* Army Commendation Medal
* Korea Defense Service Medal

9.  There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.  Nothing in several typical sources show he was wounded/injured as a result of hostile action:

	a.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	b.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

	c.  His name is not shown on the Vietnam casualty listing.  This is a Microfiche Listing of Vietnam Era Casualties that is used to verify entitlement to the Purple Heart.

	d.  His records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound.  This was the proper notification of injuries at the time.

	e.  His complete medical records are not available for review with this case.  

10.  Nothing in several typical documents show he was awarded the Bronze Star Medal or the Army Commendation Medal:

	a.  Item 41 of his DA Form 20 does not list the Bronze Star Medal or the Army Commendation Medal. 

	b.  There are no orders in his records and he provides none to show he was awarded the Bronze Star Medal or the Army Commendation Medal. 

	c.  ADCARS failed to reveal any orders for the Bronze Star Medal or the Army Commendation Medal pertaining to him.

11.  His service records do not contain orders issued by a Department of Defense or Joint headquarters awarding him the Joint Service Commendation Medal. 

12.  Army Regulation 600-8-22 (Military Awards) 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.

13.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained while in action against and 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.

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

* injury caused by enemy bullet
* shrapnel
* or other projectile created by enemy action
* injury caused by enemy placed mine or trap
* injury caused by enemy released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire and/or concussion injuries caused as a result of enemy generated explosions

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  

* frostbite or 
* trench foot injuries 
* heat stroke 
* food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy 
* battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence 
* post-traumatic stress disorders
* jump injuries not caused by enemy action

14.  Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

15.  The Joint Service Commendation Medal was authorized by the Secretary of Defense on 25 June 1963.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 720th Military Police Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 29 September 1966 to 28 March 1973 by Department of the Army General Orders (DAGO) Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea from on or about 28 February 1966 to on or about 26 June 1969.  He served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show award of the Korea Defense Service Medal.

2.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 

3.  With respect to the Purple Heart:

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of hostile action.  His name is not listed on the Vietnam casualty listing.  His medical records are not available for review.  There is nothing in multiple typical sources that confirm he was wounded as a result of hostile action or that he required treatment by medical personnel.

	c.  The applicant's contention and sincerity are not in question.  Additionally, the letter from NPRC is noted.  However, in the absence of orders or documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, in addition to a record of treatment and that the medical treatment was made a matter of official record there is an insufficient evidentiary basis for adding award of the Purple Heart to his DD Form 214.

4.  With respect to the Bronze Star Medal and the Army Commendation Medal:

	a.  There is no evidence in the available records that shows the applicant was awarded the Bronze Star Medal or the Army Commendation Medal.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal and the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show the Bronze Star Medal or the Army Commendation Medal.

	b.  The listing of these medals on a letter from NPRC he provides is insufficient without the orders.  If the applicant is able to obtain and provide the general orders that awarded him the Bronze Star Medal or the Army Commendation Medal he can request a reconsideration of his case.

5.  With respect to the Joint Service Commendation Medal, this award is awarded by the Secretary of Defense to members of the Armed Forces of the United States who, while assigned to a joint activity after 1 January 1963, distinguished themselves by meritorious achievement or service.  However, the applicant failed to provide the orders that awarded him this award.  Additionally, his service record does not show he was authorized award of the Joint Service Commendation Medal, and the Board has no authority to award a Defense medal.


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 adding to his DD Form 214 ending on 14 December 1973 the Korea Defense Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

2.  The Board further determined that 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 adding the below awards to his DD Form 214 for the period ending 14 December 1973: 

* Bronze Star Medal
* Purple Heart
* Joint Service Commendation Medal
* Army Commendation Medal



      _______ _   _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)                                         AR20140002157





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ABCMR Record of Proceedings (cont)                                         AR20140002157



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