IN THE CASE OF:	  

		BOARD DATE:	  1 April 2010

		DOCKET NUMBER:  AR20090016952 


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 (Report of Separation from Active Duty) to show award of the Bronze Star Medal and the Purple Heart.

2.  The applicant did not make a statement.

3.  The applicant provides a copy of General Orders Number 1755, issued by Headquarters, XXIV Corps, dated 10 December 1971, awarding him the Bronze Star 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.  A review of the applicant's DD Form 214 for the period ending 24 August 1976 shows the Bronze Star Medal is already listed.  Therefore, this award will not be discussed further in the Record of Proceedings.

3.  The applicant's records show he was inducted into the Army of the United States on 28 October 1963 and held military occupational specialty (MOS) 140 (Field Artilleryman).  He was honorably discharged on 29 January 1965 for the purpose of immediate enlistment.

4.  He executed a 6-year enlistment in the Regular Army on 30 January 1965 in MOS 63C (General Vehicle Mechanic).  He served in Vietnam from on or about 4 September 1966 to on or about 19 August 1967 and in Korea from on or about 5 June 1969 to on or about 2 July 1970.  He was honorably discharged on 20 December 1970 for the purpose of immediate reenlistment.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 December 1970 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, two overseas service bars, Army Good Conduct Medal, and Armed Forces Expeditionary Medal.  Item 24 does not show award of the Purple Heart.

6.  He executed a 6-year reenlistment in the RA on 21 December 1970 and again served in Vietnam from on or about 6 February 1971 to on or about 21 December 1971.  He was honorably discharged on 24 August 1976.

7.  Item 24 of his DD Form 214 for the period ending 24 August 1976 shows the Army Good Conduct Medal (2nd Award), Republic of Vietnam Campaign Medal, Mechanic Badge, Driver Badge with Driver Bar, Bronze Star Medal, Armed Forces Expeditionary Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, three overseas service bars, and Expert Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show award of the Purple Heart.

8.  Nothing in four typical sources shows he was awarded the Purple Heart:

	a.  His name is not shown on the Vietnam casualty roster.

	b.  There are no general orders in his records that show he was awarded the Purple Heart.

	c.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.

	d.  His available medical records do not show a combat injury/wound or treatment for a combat injury/wound.

9.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an 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 medical treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The Purple Heart differs from all other decorations in that an individual is not recommended for the decoration, rather he or she is entitled to it upon meeting specific criteria.  The key issue is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

2.  His name is not shown on the Vietnam casualty roster, his record is void of any orders that show he was awarded the Purple Heart, and his available medical records do not show any wounds or injuries resulting from hostile action.

3.  Regrettably, absent evidence which conclusively shows that he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the applicant the Purple Heart 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)                                         AR20090016952



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ABCMR Record of Proceedings (cont)                                         AR20090016952



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