IN THE CASE OF: BOARD DATE: 14 April 2015 DOCKET NUMBER: AR20140014804 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 the Purple Heart and Army Commendation Medal. 2. The applicant states the requested awards are not listed on his DD Form 214. He discovered the errors while applying for benefits at the Department of Veterans Affairs hospital. This error placed him in the wrong priority group for medical treatment. 3. The applicant provides: * DD Form 214 * certificate for award of the Purple Heart * certificate and citation for award of the Army Commendation Medal 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 was inducted into the Army of the United States on 19 June 1967 and he held military occupational specialty 13B (Field Artillery Crewmember). 3. He served in Vietnam from on or about 15 November 1967 to on or about 12 November 1968. He was assigned to the 2nd Battalion, 40th Field Artillery, 199th Infantry Brigade. 4. He was honorably released from active duty on 18 June 1969 and transferred to the U.S. Army Reserve (Control Group) to complete his remaining service obligations. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with bronze service star * Valorous Unit Award * 2 overseas service bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 5. He provides a certificate, dated 12 September 1968, that shows he was awarded the Purple Heart for wounds received in action on 31 August 1968. However, he did not provide the official orders. 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 shows he was wounded/injured as a result of hostile action: a. Item 40 (Wounds) of his contemporaneous DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, provided that 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 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 roster, which 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 separation Standard Form 88 (Report of Medical Examination) does not list any combat injuries or treatment. 6. Army Regulation 600-8-22 (Military Awards) 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. 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 7. He also provides a certificate and a citation, dated 29 January 1969, that show he was awarded the Army Commendation Medal for meritorious service in connection with military operations in Vietnam from November 1967 to November 1968. However, he did not provide the official orders. There is no evidence of record that shows he was recommended for or awarded the Army Commendation Medal. Nothing in several typical sources shows he was awarded the Army Commendation Medal: a. His service record, also known as the Military Personnel Records Jacket (DA Form 201 File), does not contain orders awarding him the Army Commendation Medal. b. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Army Commendation Medal or authority for this award. c. A review of the Awards and Decorations Computer Assisted Retrieval System failed to reveal any orders for the Army Commendation Medal pertaining to the applicant. 8. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. Announcement in orders is required (emphasis added). DISCUSSION AND CONCLUSIONS: 1. With respect to the Purple Heart: a. The criteria for award of the Purple Heart require the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury or 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 orders awarding him the Purple Heart or any evidence that shows he was wounded or injured as a result of hostile action. His name is not listed on the Vietnam casualty listing. His available medical records do not reflect a combat injury. 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 contentions, sincerity, and service in Vietnam are not in question. Likewise, the certificate he provides is noted. However, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds there is an insufficient evidentiary basis for awarding him the Purple Heart. 2. With respect to the Army Commendation Medal: a. There is insufficient evidence in the available records that shows the applicant was recommended for or awarded the Army Commendation Medal. The governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement of orders are required. b. The certificate and citation he provides are consistent with his period of service in Vietnam; however, they are insufficient by themselves to show he was awarded the Army Commendation Medal. In the absence of orders or an approved recommendation for this award, there is insufficient evidence to correct his records to show this award. 3. If the applicant can provide the general or permanent orders that awarded him the Purple Heart and/or the Army Commendation Medal, he may resubmit his application for reconsideration by the Board. 4. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. 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) AR20140014804 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140014804 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1