RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 February 2006
      DOCKET NUMBER:  AR20050008525


      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. William D. Powers             |     |Chairperson          |
|     |Ms. Janet Strafer                 |     |Member               |
|     |Ms. Naomi Henderson               |     |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 he be awarded the Purple Heart
and that it be added to his DD Form 214, Armed Forces of the United States,
Report of Transfer or Discharge.

2.  The applicant states, in effect, that he would like to be considered
for award of the Purple Heart that should have been issued to him for his
service in Vietnam (two tours).

3.  The applicant states that his first assignment, with the 1st Cavalry
Division, resulted in a back injury from exiting helicopters under full
pack.  During his second tour, he injured his back while assigned to the
Military Assistance Command, Vietnam (MACV), in combat.

4.  The applicant adds that he is attempting to apply for combat-related
special compensation that requires award of the Purple Heart and service-
connected disability.

5.  The applicant states, in his application he is submitting a copy of his
last DD Form 214 and the medical records he received from NPRS (believed to
be the National Personnel Records Center), St. Louis, Missouri; however,
these documents were not included with his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 29 February 1972, the date he was honorably discharged for the
purposes of retirement.  The application submitted in this case is dated 3
June 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3.  The applicant’s military records show that he enlisted in the Regular
Army on 17 February 1951.  He completed his basic combat and advanced
individual training at the Indiantown Gap Military Reservation,
Pennsylvania, with the 5th Infantry Division.  After completing all
required training, he was awarded the military occupational specialty
(MOS), 1745 (Light Weapons Infantryman).

4.  The evidence shows the applicant continued to serve on active duty
through a series of reenlistments and on 29 February 1972, he was honorably
discharged, under the provisions of Army Regulation (AR) 635-200, and Title
10, United States Code 3914, retired after 20 years but less than 30 years
active Federal service.  He was separated in the rank and pay grade of
Sergeant First Class, E-7.  On the date he was discharged, the applicant
had completed 20 years, 6 months, and 8 days total active military service.

5.  The evidence shows the applicant served in Korea from 14 February 1952
through 24 June 1953, during the Korean War.  The evidence also shows the
applicant served in Vietnam from 21 April 1967 through 30 May 1968 and from
5 December 1969 through 24 June 1970, during the Vietnam War.

6.  While in Korea, during the Korean War, the applicant served with
Company A, 21st Infantry Regiment, 24th Infantry Division, from 15 February
1952 to 31 October 1952, and with the 180th Infantry Regiment, 45th
Infantry Division, from 1 November 1952 through 4 June 1953.

7.  While on his first tour of duty in Vietnam, the applicant served with
Company C, 1st Battalion, 12th Cavalry Regiment, and with Headquarters
and Headquarters Company, 1st Brigade, 1st Cavalry Division.  During his
second tour of duty in Vietnam, the applicant served with the US Army
Advisory Group, I Corps, US Military Assistance Command, Vietnam
(USAMACV).

8.  A review of the five DD Forms 214 the applicant was issued throughout
his service was conducted.  During his over twenty-years active duty
service, the applicant was awarded:  the National Defense Service Medal,
with oak leaf cluster; the Army of Occupation Medal, with Japan Clasp; the
Korean Service Medal, with three bronze service stars, the United Nations
Service Medal, the Combat Infantryman Badge (2nd Award); the Driver and
Mechanic Badge, with Driver-W Bar [for wheeled vehicles]; the Good Conduct
Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal,
with 60 Device; the Air Medal; the Bronze Star Medal; the Army
Commendation Medal; the Expert Marksmanship
Qualification Badge, with Rifle and with Missile Bar; the Marksman
Marksmanship Qualification Badge, with Carbine Bar; and five overseas
service bars.  The Purple Heart is not shown among his awards and
decorations.

9.  The applicant's name is not shown on the Vietnam Casualty List.  There
is no entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted
Qualification Record, to show he was wounded in action against a hostile
force while he served in Vietnam.  There is no entry in Item 41 (Awards and
Decorations), of the applicant's DA Form 20, to show he was awarded the
Purple Heart.  There are no orders in the applicant's military personnel
records awarding him the Purple Heart.

10.  The applicant states, in effect, the Purple Heart should have been
issued to him for his service in Vietnam.  He states, during his first
assignment, he injured his back from making numerous jumps from helicopters
into "hot" landing zones (LZ).  He should have received the Purple Heart as
he was medically evacuated from Vietnam after experiencing numb legs and
severe back pain after jumping into a "hot" LZ with a full pack.  They were
under heavy fire and so he had to jump over six feet to the ground.  On his
second tour, he was in a helicopter that had to do an emergency landing due
to enemy fire and the tail end of the aircraft went down first and all
aboard slid to the rear of the pile.  After landing, some were injured or
killed due to the barrage of enemy fire.  He again experienced back pain.
The Department of Veterans Affairs (VA) eventually recognized this injury
as a service-connected disability.  On both tours, he states, he was
injured while under fire from the North Vietnamese Army or the Viet Cong.

11.  Item 38, (Record of Assignments), of the applicant's DA Form 20, shows
he did not complete his second overseas tour in Vietnam.  He was medically
evacuated from Vietnam to the Medical Holding Company, 106th General
Hospital, in Japan, on 31 May 1968.  The applicant was assigned to the
Physical Reconditioning Detachment, U.S. Army Personnel Center, Far East,
and on 30 March 1970, Special Orders 62, paragraph 6, were published by
this unit assigning the applicant to the 7th Infantry Division in Korea,
with a reporting date of 2 April 1970.

12.  On his arrival in Korea, the applicant was assigned to Company A, 2nd
Battalion, 32nd Infantry, 7th Infantry Division.  On 8 May 1970,
Headquarters, 7th Infantry Division, published Special Orders 128,
paragraph 17, reassigning the applicant to the Medical Holding Detachment,
Womack Army Hospital, Fort Bragg, North Carolina, with an availability date
of 14 May 1970, and a reporting
date of 19 May 1970.  This short period of assignment in the Republic of
Korea is not shown on the applicant's DA Form 20.

13.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the silver or bronze service stars to
which he is entitled for his campaign participation.

14.  While in Vietnam, the applicant participated in the following six
campaigns:  the Vietnam Counteroffensive, Phase II, which extended from 1
July 1966 through 31 May 1967; the Vietnam Counteroffensive, Phase III,
which extended from 1 June 1967 through 29 January 1968; the Tet
Counteroffensive, which extended from 30 January through 1 April 1968; the
Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30
June 1968; the Vietnam Winter-Spring 1970, which extended from 1 November
1969 through 30 April 1970; and the Sanctuary Counteroffensive, which
extended from 1 May through 30 June 1970.

15.  Department of the Army (DA) Pamphlet 672-1, Unit Citation and
Campaign Participation Credit Register, shows that the units the
applicant served with while in Korea, during the Korean War, were awarded
the Republic of Korea Presidential Unit Citation, for the period 11 July
1952 through 1 October 1953 (21st Infantry Regiment, 24th Infantry
Division), by Department of the Army General Orders (DAGO) Number 24,
dated 1954; and for the period 10 December 1951 through 31 July 1953
(180th Infantry Regiment, 45th Infantry Division), by DAGO Number 30,
dated 1954.  These unit awards are not shown on the applicant's DD Forms
214.

16.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the 1st Battalion, 12th Cavalry Regiment,
the first unit the applicant was assigned to, was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 9 August
1965 through 19 May 1969, by Department of the Army General Order (DAGO)
Number 56, dated 1969.  These unit awards are not shown on the applicant's
DD Form 214.

17.  DA Pamphlet 672-3, also shows that Headquarters and Headquarters
Company, 1st Brigade, 1st Cavalry Division, the second unit the applicant
was assigned to, was also awarded the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; for the period 9 August 1965 through 19 May 1969,
by DAGO 59, dated 1969.

18.  DA Pamphlet 672-3, also shows that USMACV, the third unit the
applicant was assigned to, and its subordinate units, were awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; for the
period 20 July 1965 through 28 March 1973, by DAGO 8, dated 1974.

19.  DA Pamphlet 672-3, also shows that the 7th Infantry Division, the unit
the applicant was briefly assigned to after his Vietnam service, was
awarded the Republic of Korea Presidential Unit Citation; for the period 17
September 1950 through 27 March 1971, by DAGO 50, dated 1971.

20.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.    The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

21.  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.

22.  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.

23.  The 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.

24.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

25.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.  AR 600-8-22, paragraph 9-25 states, in pertinent part,
that not more than one Republic of Korea Presidential Unit Citation will be
worn by any individual and no oak leaf clusters or other appurtenances are
authorized; however, each authorized award will be added to a Soldier's
record.

26.  As a matter of information, on the occasion of the 50th anniversary of
the Korean War, the Government of the Republic of Korea issued the Korean
War Service Medal to pay tribute to eligible Korean War veterans for their
historic endeavors to preserve the freedom of the Republic of Korea and the
free world.  On 20 August 1999, the Department of Defense approved
acceptance and wear of this foreign service award to eligible US veterans
of the Korean War, or their surviving next of kin. The medal is provided at
no cost to veterans.

27.  The Department of Defense assigned responsibility to the Department of
the Air Force for distribution of the Korean War Service Medal to eligible
veterans or their surviving next of kin.  To apply, veterans must submit a
copy of their discharge paper (DD Form 214) to the Awards and Decorations
Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite
12, Randolph Air Force Base, Texas 78150-4714.  A sample request form is
being provided to the applicant.  Once the Department of the Air Force has
authorized the Korean War Service Medal, the applicant may apply to the
Army Board for Correction of Military Records to add this foreign award to
his DD Form 214.

28.  AR 635-5 prescribes policies and procedures regarding separation
documents.  Interim change 1 to the regulation dated 2 October 1989 changed
the policy regarding entries that are to be made in the block for the
recording of awards and decorations awarded to a Soldier.  The current
policy is that entries in the block for decorations, medals, badges,
citations, and campaign ribbons, awarded or authorized, will be for all
periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served an extended tour of duty in Vietnam and on his
second tour of duty was medically evacuated to Japan.  By the applicant's
own admission, he states he injured his back while exiting from a
helicopter when he had to jump from over six feet to the ground.

2.  The applicant alleges his injuries were incurred while he and his unit
were under heavy enemy fire; however, there is no evidence, and the
applicant provided none, to show his injuries were caused as a result of
hostile action.

3.  To be eligible for award of the Purple Heart, an applicant must provide
substantiating evidence 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.
4.  The applicant's name is not shown on the Vietnam Casualty List.

5.  In the absence of substantiating evidence to show he was wounded as a
result of hostile action, the applicant is not entitled to award of the
Purple Heart and to have it added to his DD Form 214.

6.  After he was medically evacuated from Vietnam, the applicant was
assigned to the Republic of Korea.  He served in Korea from 2 April 1970
until 14 May 1970 when he was medically reassigned to Womack Army Hospital
at Fort Bragg.  He served in Korea for a period of over 30 consecutive days
and therefore qualified for award of the Korea Defense Service Medal.  He
is entitled to this award and to have it added to his DD Form 214.

7.  While in Korea, during the Korean War, the applicant served with two
units that were each awarded the Republic of Korea Presidential Unit
Citation.  He is therefore entitled to award of the Republic of Korea
Presidential Unit Citation (two awards), and to have these unit citations
added to his DD Form 214.

8.  In Korea, after his service in Vietnam, the applicant served with
Company A, 2nd Battalion, 32nd Infantry Regiment, 7th Infantry Division.
The 7th Infantry Division was awarded the Republic of Korea Presidential
Unit Citation for service for the period from 17 September 1950 through 27
March 1971.  Because the applicant served with this division, albeit for a
short period before being medically evacuated to the United States, he is
therefore eligible for award of the Republic of Korea Presidential Unit
Citation (his third award), and to have it added to his DD Form 214.

9.  The applicant participated in six campaigns while he served in Vietnam.
 He is therefore entitled to award of one silver service star and one
bronze service star, to be affixed to his already-awarded Vietnam Service
Medal, to denote his campaign participation credit, and to have these
service stars shown on his DD Form 214.

10.  The applicant served in units, which were awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation (three awards), while he
was a member of these units.  These unit awards are not shown on his DD
Form 214.  He is entitled to these unit awards and to have them added to
his DD Form 214.

11.  In the interest of saving administrative time, all corrections to, and
addition of awards, will be made to the applicant's last issued DD Form
214, with an effective date of 29 February 1972.

12.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

13.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 February 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 28 February 1975.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JS_____  __WDP__  __NH___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  awarding the applicant one silver service star and one bronze
service star, to be affixed to his already-awarded Vietnam Service Medal,
to denote his campaign participation credit, while he served in Vietnam;


      b.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation (three awards), and adding these unit awards to
the applicant's DD Form 214; and


      c.  awarding the applicant the Korea Defense Service Medal and the
Republic of Korea Presidential Unit Citation (three awards), and adding
these awards to the applicant's DD Form 214.




                                  __William D. Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008525                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060216                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY with note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   61                 |107.0015                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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