IN THE CASE OF:	  

		BOARD DATE:	  19 August 2010

		DOCKET NUMBER:  AR20100008046 


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, in effect, correction of his records to show award of the Purple Heart and the Bronze Star Medal.

2.  The applicant states the records may have been destroyed during a mortar attack in December of 1969 in Vietnam.

3.  The applicant provides two statements from former unit members.

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's records show he enlisted in the Regular Army on 1 August 1966 and held military occupational specialty 36K (Wireman).  He was honorably released from active duty in the rank of sergeant/E-5 on 31 July 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his military service obligation.

3.  His records show he served in the Republic of Vietnam from on or about 18 January 1967 to on or about 13 August 1968.  He was assigned to C Battery, 3rd Battalion, 319th Artillery, 173rd Airborne Brigade.

4.  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) shows the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, and Vietnam Campaign Medal with Device (1960).

5.  There is nothing in the following five typical sources that show the applicant was awarded the Purple Heart or the Bronze Star Medal:

	a.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries.

	b.  His name is not shown on the Vietnam Casualty Roster.

	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 or Bronze Star Medal.

	d.  His record is void of official orders for award of the Purple Heart or a recommendation and/or official orders for award of the Bronze Star Medal.

   e.  His medical records are not available for review with this case.

6.  He submitted the following statements:

	a.  A statement, dated 4 February 2002, from his former unit platoon leader (now a retired colonel) who verifies the applicant was assigned to his team and states the applicant was involved in numerous fire fights, mortar attacks, and a helicopter crash.  The retired colonel states he personally submitted a recommendation for the applicant to be awarded the Bronze Star Medal for his actions on 19 or 20 November 1967.  The applicant provided extra ammunition and grenades to key fighting positions that were under attack.  He believes the recommendation may have been lost during a rocket attack on their base.

	b.  A statement, dated 15 February 2003, from his former unit medic who attests that the unit was involved in major combat operations and that the applicant was exposed to considerable danger during several fire fights.  He also states that it was very common for men who were lightly wounded to refuse evacuation and remain in the field. 

7.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The Bronze Star Medal 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.  

8.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.  

9.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show the Purple Heart and the Bronze Star Medal.

2.  With respect to the Purple Heart, the Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or he is entitled to it upon meeting specific criteria.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

3.  In the applicant's case, his service in Vietnam, multiple awards and decorations, and sincerity are not in question.  However, there is no evidence in his records that shows he was wounded or injured as a result of hostile action or treated for such wounds and that his treatment was made a matter of official records.  In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart.

4.  With respect to the Bronze Star Medal, there is no evidence in the available records that show the applicant was awarded the Bronze Star Medal.  The governing Army regulation states that for personal decorations (which includes the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement of orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

5.  Nevertheless, while the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

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)                                         AR20100008046



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)