IN THE CASE OF:	  

		BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000721 


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 record to show award of the Purple Heart and the Bronze Star Medal.

2.  The applicant states he did not receive these two awards upon his discharge from the U.S. Army.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Department of Veterans Affairs (VA) compensation award letter for service-connected disabilities.

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 15 April 1968.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained was specialist four/pay grade E-4. 

3.  In 1968, the applicant completed 12 weeks of instruction as a scout dog handler at Fort Benning, GA.  

4.  The applicant served in the Republic of Vietnam from 11 March 1969 to 7 January 1970 as a dog handler with 58th Infantry Platoon Scout Dog, 101st Airborne Division.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry for wounds received in hostile action.

6.  The applicant’s service records do not contain general orders awarding him the Bronze Star Medal or the Purple Heart.  However, General Orders Number 11543 issued by Headquarters, 101st Airborne Division, on 30 August 1969 awarding the applicant the Army Commendation Medal was retrieved from the applicant’s records.

7.  The applicant was honorably released from active duty on 13 January 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 issued to him shows he competed 1 year, 8 months, and 29 days of active Federal service with 10 months and 2 days of foreign service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows these awards:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Two overseas service bars

9.  The applicant’s name is not listed on the Vietnam casualty roster as being injured during combat operations.  His military medical records are not available for the Board's review.

10.  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 awarding the applicant the Purple Heart or the Bronze Star Medal.  

11.  As evidence to support his application, the applicant provided a VA decision-rating document showing the applicant's post traumatic stress disorder was service connected.  The VA rating was 70 percent.  The following diagnoses were not rated as service-connected:   diabetes mellitus, Type II; hypertension; gastroesophageal reflux disease; and low back condition with degenerative disc disease and arthritis.  The VA deferred the applicant's entitlement to individual unemployment benefits. 

12.  In the VA rating decision document, the determination for service connected post traumatic stress disorder was based on the applicant's military duties as a scout dog handler working in graves registration.  Within his duties, he witnessed shootings and assisted in the movement of remains for transport.  Additionally, the VA states the applicant's right foot was wounded and that he received the Combat Infantryman Badge.

13.  References:

   a.  Army Regulation 672-5-1 (Military Awards), then in effect, provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force 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 has been wounded, killed, or who has died as a result of 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 a medical officer, and the medical treatment must have been made a matter of official record.

   b.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, provided, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that was received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the 
DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

   c.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  
   
   d.  Title 38, U.S. Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. 

DISCUSSION AND CONCLUSIONS:

1.  Records provided by the applicant show he is receiving compensation for post traumatic stress disorder, a disability that the VA determined to be service-connected.  Within the VA documents, the applicant indicated he had been wounded in action sustaining an injury to his right foot.  However, the evidence of record does not support the applicant's contention that he was wounded in action for his name is not listed on the Vietnam casualty roster.  

2.  Therefore, in the absence of military and medical records showing the applicant's injury resulted from hostile or enemy action, there is insufficient evidence upon which to base award of the Purple Heart.   

3.  The applicant contends he received a Bronze Star Medal.  However, there are no general orders awarding the applicant the Bronze Star Medal.  Evidence does show the applicant was awarded the Army Commendation Medal for his service as scout dog handler in the Republic of Vietnam from 1 April 1969 to 31 August 1969.  Upon separate application to the ABCMR, this award could be added to his DD Form 214.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ____x___  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices and heroic actions made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  



      _______ _   _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)                                         AR20100000721





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100000721



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1