RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 March 2006
      DOCKET NUMBER:  AR20050007281


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Robert D. Morig               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 18, of his DD Form 214,
Report of Separation from Active Duty, with an effective date of separation
of 19 March 1976 be corrected.  The applicant also requests that he be
awarded the Purple Heart.

2.  The applicant states, in effect, that Item 18(a) (Net Active Service
this Period), of his DD Form 214, should read:  3 years, 11 months, and
27 days and Item 18(c) (Total Active Service), of his DD Form 214, should
read:  6 years, 6 months, and 20 days.

3.  The applicant provides no documentary evidence in support of his
request.  The applicant indicated in his application to the Board that he
was enclosing a copy of Vietnam temporary duty order; however, his
application was received and processed with no documentary evidence
enclosed.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army, for
3 years on 29 August 1969.  His record shows that he completed his basic
combat training at Fort Leonard Wood, Missouri, and his advanced individual
training at the US Army Medical Department Veterinary School, Chicago,
Illinois.  After completing all required training, he was awarded the
military occupational specialty (MOS), 91R (Food Inspection Specialist).

2.  The applicant's records show he was honorably discharged in the rank
and pay grade, Specialist Five, E-5, on 22 March 1972, for the purpose of
reenlistment.  Item 22a(1) (Statement of Service)(Net Service this Period),
of the applicant's DD Form 214, with an effective date of 22 March 1972,
shows the applicant had completed 2 years, 6 months, and 23 days net active
service on the date of this discharge.  In processing this case and in
reviewing the data shown on the DD Form 214, it was found that the
calculation was short by one day.  The applicant had actually completed 2
years, 6 months, and 24 days net active service.  Because of this
miscalculation, the amount of time shown in lines 22a(3) (Total (Line (1)
and Line (2)) and line 22b (Total Active Service) are incorrect.

3.  The evidence show the applicant reenlisted for his present duty
assignment for 6 years on 23 March 1972.  He continued to serve on this
enlistment and on
19 March 1976, the applicant was honorably discharged under the provisions
of Army Regulation (AR) 635-200, Paragraph 6-4a.  He was assigned the
Separation Program Designator (SPD), "KDH," for dependency.

4.  Item 18(a), of the applicant's DD Form 214, with an effective date of
19 March 1976, shows the applicant had completed 2 years, 11 months, and
27 days net active service on the date of this discharge.  In reviewing
the data shown on the DD Form 214, in response to the applicant's
request, it was found that the calculation was incorrect.  Recalculation
of the period covered by the DD Form 214 revealed that he had actually
served 3 years, 11 months, and 27 days net active service as opposed to
the 2 years, 11 months and 27 days now shown.

5.  Because a miscalculation of time to be entered in item 18a occurred,
and because a miscalculation of the applicant's prior active service
(Item 18(b)) also occurred, Item 18(c) and 18(e) (Total Service for Pay)
were incorrectly calculated.

6.  Item 22c (Foreign and/or Sea Service), of the applicant DD Form 214,
with an effective date of 22 March 1972, shows the applicant had
completed 1 year and 24 days foreign and/or sea service.

7.  Item 18(f) (Foreign and/or Sea Service), of the applicant DD Form
214,with an effective date of 19 March 1976 shows the applicant completed
no foreign and or sea service during the period covered by this DD Form
214.

8.  The DD Form 214, with an effective date of 19 March 1976, has an
entry in Item 27 (Remarks) showing the applicant last served overseas in
Korea, but not during the period covered by the DD Form 214.

9.  Item 31 (Foreign Service), of the applicant's DA Form 20, Enlisted
Qualification Record, shows the applicant served in FEPA-Korea (Far East
Pacific Area-Korea) for the period from 28 November 1970 through 22
December 1971.  No other foreign service is shown on the DA Form 20.

10.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel
Qualification Record, Part II, shows the applicant served in FEPA-ROK
(Far East Pacific Area-Republic of Korea) for the period from 28 November
1970 through 22 December 1971.  No other foreign service is shown on the
DA Form 2-1.

11.  A search of the applicant's service personnel records was conducted
for any evidence that he served in Vietnam on a temporary duty (TDY)
basis.  No orders, or other evidence, that the applicant served in
Vietnam on a TDY basis were found.

12.  The applicant's name does not appear on the Vietnam Casualty List.

13.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Purple Heart.  Item 40
(Brief Description of Wounds), of the applicant's DA Form 20, is blank.
There are no orders in the applicant's service personnel records to award
him the Purple Heart.

14.  There is no entry in Item 4 (Assignment Considerations), of the
applicant's DA Form 2-1, showing he was wounded in action.  Item 9 (Awards,
Decorations and Campaigns), of the applicant's DA Form 2-1, is blank
insofar as an entry for award of the Purple Heart is concerned.

15.  AR 600-8-22 provides, in pertinent part, that the Purple Heart is
awarded for a wound sustained 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, and the
medical treatment must have been made a matter of official record.  This
regulation also provides that there is no statute of limitations on
requests for award of the Purple Heart.

16.  Army Human Resources Command Message (Date Time Group 9 February
2004) published implementing instructions for award of the Korea Defense
Service Medal.  This message specified criteria for the award of the
Korea Defense Service Medal as follows:  a) service members of the armed
forces must have served in support of the defense of the Republic of
Korea from 28 July 1954 through a future date to be determined by the
Secretary of Defense;  b) 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 areas;  c)
service members must have been mobilized with units or assigned or
attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for 30 consecutive or
60 non-consecutive days.

17.  The above implementing message also authorized award of the Korea
Defense Service Medal if a Soldier meets one or more of the following
criteria:  a) be engaged in actual combat during an armed engagement,
regardless of the time in the area of eligibility;  b) is wounded or
injured in the line of duty and requires medical evacuation from the area
of eligibility;  c) participates as a regularly assigned air crew member
flying sorties for 30 consecutive days or 60 nonconsecutive days into,
out of, within, or over the area of eligibility in support of military
operations; or  d) served in operations and exercises conducted in the
area of eligibility as long as the basic time criteria is met.  The
message further provided that, due to extensive time period for the Korea
Defense Service Medal eligibility, the non-consecutive service period for
eligibility remains cumulative throughout the entire period.

18.  AR 635-5 prescribes the separation documents that must be prepared for
Soldiers on retirement, discharge, release from active duty service, or
control of the Active Army.  It establishes standardized policy for
preparing and distributing the DD Form 214.  Chapter 2, paragraph 2-4
provides specific instruction for the completion of the DD Form 214,
including the accounting for and entering of creditable time served in the
Record/Statement of Service section of the respective edition of the DD
Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 that was issued to the applicant incorrectly shows, in
Item 22a(1) that he had 2 years, 6 months and 23 days net service for the
period covered by the DD Form 214, with an effective date of 22 March 1972.
 This item should be corrected to show the applicant had completed 2 years,
6 months and 24 days net active service.

2.  This same DD Form 214 incorrectly shows, in Item 22a(3) that the
applicant had 2 years, 6 months and 23 days total service for the period
covered by the DD Form 214.  This item should be corrected to show the
applicant had completed 2 years, 6 months and 24 days total service.

3.  This same DD Form 214 incorrectly shows, in Item 22b that the applicant
had 2 years, 6 months and 23 days total active service for the period
covered by the DD Form 214.  This item should also be corrected to show the
applicant had completed 2 years, 6 months and 24 days total active service.

4.  The DD Form 214 that was issued to the applicant with an effective date
of 19 March 1976 incorrectly shows, in Item 18(a) that he had 2 years, 11
months and 27 days net service for the period covered by the DD Form 214.
This item should be corrected to show the applicant had completed 3 years,
11 months and 27 days net active service.

5.  This same DD Form 214, with an effective date of 19 March 1976,
incorrectly shows, in Item 18(b) that he had 2 years, 6 months and 23 days
prior active service.  This item should be corrected to show the applicant
had completed 2 years, 6 months, and 24 days prior active service.

6.  This same DD Form 214, with an effective date of 19 March 1976,
incorrectly shows, in Item 18(c) and 18(e) that he had 5 years, 6 months,
and 20 days total active service.  This item should be corrected to show
the applicant had completed 6 years, 6 months, and 21 days total active
service.

7.  There is no documentary or other evidence in the applicant's service
personnel record to indicate or show that he served in the Republic of
Vietnam on a TDY or another basis.

8.  There is no evidence in the applicant's records to show that he was
wounded as a result of hostile action, that the wound required medical
treatment, and that the medical treatment was made a matter of official
record.  The applicant's name also does not appear on the Vietnam
Casualty List.  Therefore, he is ineligible for award of the Purple Heart
and to have it added to his DD Form 214.

9.  The evidence does show that the applicant served in Korea from 28
November 1970 through 22 December 1971.  He is therefore entitled to
award of the Korea Defense Service Medal and to have this award added to
his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_RDM___  _JS ____  __YM ___  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by:

      a.  deleting the years, months, and days now shown in Items 22a(1) and
(3) and Item 22b, of the DD Form 214, with an effective date of 22 March
1972, and entering 2 years, 6 months, and 24 days;


      b.  deleting the years, months, and days now shown in Items 18(a), of
the DD Form 214, with an effective date of 19 March 1976, and entering 3
years, 11 months, and 27 days;


      c.  deleting the years, months, and days now shown in Items 18(b), of
the DD Form 214, with an effective date of 19 March 1976, and entering 2
years, 6 months, and 24 days;


      d.  deleting the years, months, and days now shown in Items 18(c), of
the DD Form 214, with an effective date of 19 March 1976, and entering 6
years, 6 months, and 21 days;


      e.  deleting the years, months, and days now shown in Items 18(e), of
the DD Form 214, with an effective date of 19 March 1976, and entering 6
years, 6 months, and 21 days; and


      f.  awarding the applicant the Korea Defense Service Medal and adding
it to his DD Form 214, with an effective date of discharge of 19 March
1976.

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
award of the Purple Heart to the applicant and its addition to his DD Form
214.




                            _____John Slone______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050007281                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060321                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.   46                 |107.0000                                |
|3.   61                 |107.0015                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]