IN THE CASE OF:
BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090006231
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 "the Purple Heart from wound received in Vietnam" on 27 May 1969.
2. The applicant states that he was awarded the Purple Heart and the Bronze Star Medal (BSM) and he was nominated for a BSM for the action on 27 May 1969; however, he does not know what happened to the recommendation or if it was awarded.
3. The applicant provides no additional documents with his application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 17 May 1968 for a period of 3 years. He completed his basic training at Fort Ord, California, and his advanced individual training at Fort Sill, Oklahoma.
3. He was transferred to Vietnam on 9 January 1969 for assignment to Battery A, 1st Battalion, 21st Artillery Regiment, 1st Cavalry Division, for duty as a field artillery operations and intelligence assistant. He was advanced to the pay grade of E-4 on 6 July 1969 and was promoted to the pay grade of E-5 on 10 December 1969.
4. He departed Vietnam on 8 January 1970 and was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) on 26 February 1971 due to the deactivation of his unit. He had served 2 years, 9 months, and 10 days of total active service and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the BSM (for meritorious service), the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with two bronze service stars, and the Air Medal.
5. A review of the available records to include the Vietnam casualty listing failed to show that the applicant was wounded as a result of enemy action or that he was awarded the Purple Heart for wounds received as a result of enemy action.
6. A review of the applicant's records as well as a search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to produce any orders awarding him the BSM or the Purple Heart.
7. Army Regulation 600-8-22 (Military Awards) 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 by medical personnel, and the medical treatment must have been made a matter of official record.
8. Army Regulation 600-8-22 provides, in pertinent part, that the BSM 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. Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart and the BSM for the action on 27 May 1969 (presumably a BSM for valor) is not in question, there is no evidence in the applicant's military records, and the applicant failed to provide any evidence which proves by a preponderance of the evidence that he was wounded as a result of enemy action, that treatment for the wound was made a matter of record, and that he was recommended for award of the BSM for combat action on 27 May 1969. Absent such evidence, there appears to be no basis for awarding either the Purple Heart or the BSM to the applicant in this case.
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) AR20090006231
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ABCMR Record of Proceedings (cont) AR20090006231
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