APPLICANT REQUESTS: That his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to show that he was awarded a second Army Commendation Medal (ARCOM), and that he was awarded two Purple Heart Medals, a Bronze Star Medal, and a Silver Star.
APPLICANT STATES: That his company commander stated that he had been recommended for a Silver Star which he never received. He submits copies of orders for a Purple Heart and an ARCOM in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted on active duty on 19 May 1966, was awarded the military occupational specialty of a pioneer, and was promoted to pay grade E-3. He served in Vietnam and was honorably released from active duty and transferred to the USAR Control Group at the expiration of his term of service on 25 May 1968 (he had 7 days of time lost during his induction).
The DD Form 214 he was issued shows that he was awarded one ARCOM, but does not mention any other significant decorations.
In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Total Army Personnel Command (PERSCOM). The PERSCOM stated that the applicants DD Form 214 should be administratively corrected to show that he was awarded the Purple Heart and that he was given a second award (Oak Leaf Cluster) of the ARCOM, amongst other awards. However, the PERSCOM stated that although the applicants records show that he was hit by a 45 caliber bullet in his right thigh while in Vietnam, there is no indication that the wound was sustained as the direct result of hostile enemy action. Neither the space provided in his military files to record wounds sustained as the result of hostile enemy action nor the Vietnam Casualty Roster list that injury as being a result of enemy action. The PERSCOM then states that there is no record of anyone recommending the applicant for either the Bronze Star Medal or the Silver Star. The PERSCOM recommends disapproval of the applicants request for those two decorations as well as the applicants request for a second Purple Heart.
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.
Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded to any person who distinguished himself by heroism or meritorious achievement or service, not involving participation in aerial flight in connection with military operations involving conflict with an opposing armed force. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
Army Regulation 600-8-22 provides that the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. The applicants DD Form 214 is missing his award of the Purple Heart and the second award (Oak Leaf Cluster) of the ARCOM. However, these decorations may be administratively added to his DD Form 214 and does not require the authority of the Board.
2. Although the applicant was wounded a second time while in Vietnam, there is no evidence or indication that the wound was incurred as a result of enemy action. Being wounded by an accidental discharge of a friendly weapon did not qualify a soldier for a Purple Heart at that time. Without evidence to show a direct relationship between the applicants second wound and enemy action, he is not entitled to the Purple Heart.
3. As for the Bronze Star Medal and the Silver Star, there is no record of anyone recommending the applicant for those decorations. Absent a recommendation, he is not entitled to either of those decorations.
4. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The Army Review Board Agency will be requested to issue the applicant a DD Form 215, Correction of DD Form 214, which adds the awards and decorations the applicant is entitled to receive, as determined in the advisory opinion from the PERSCOM.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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