IN THE CASE OF:	  

		BOARD DATE:	  8 September 2010

		DOCKET NUMBER:  AR20100009366 


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 records to show award of the Purple Heart and Bronze Star Medal with "V" Device.

2.  The applicant states he is currently being treated for post traumatic stress disorder (PTSD).  He also states recently at the PTSD clinic he recounted an incident that occurred during the time he served in Vietnam:

   a.  He states he recalls being wounded in action in July 1967.

   b.  He also recalls that in August 1967, he was the charge of quarters during a mortar attack.  The first sergeant instructed him to go outside, check on the situation, and report back to him.

       (1)  The mortar attack had hit the noncommissioned officer (NCO) tent.  An NCO who had been wounded was walking around in a state of shock and the applicant took him to the medic's tent.

       (2)  Upon returning to the command bunker he found that it was in a state of chaos.  He was really scared and left to go and help others in the unit.
   
       (3)  He returned to the NCO tent to help rescue five more NCOs and move them to the medic's tent.  He describes the serious nature of one NCO's wounds.

       (4)  He then went to his tent and found that his cot had numerous holes in the mosquito netting from the mortar attack.  He reflects on how close he came to being wounded or killed had he been in his cot.

       (5)  He then returned to the command bunker and reported back to the first sergeant on what he had witnessed and his actions.  The first sergeant told him in front of the company commander that he was going to recommend him for the Bronze Star Medal for valor under fire, and the commander agreed.  He was dismissed for the evening and told to report back in the morning.

       (6)  Upon returning to the command bunker in the morning, he found out that the first sergeant had been evacuated by ambulance because he had had a nervous breakdown.  As a result, the applicant states he never received the Bronze Star Medal.

       (7)  He concluded by stating that approval of the two awards is important to him, even though it occurred approximately 23 years ago.

3.  The applicant provides two Department of Veterans Affairs (VA) documents, dated 3 May 1991 and 12 May 1992, that show he was evaluated for a service connected metal wound to the right calf and that he has continued treatment for PTSD.

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 and entered active duty in the U.S. Army for a period of 2 years on 8 October 1965.  Upon completion of training he was awarded military occupational specialty (MOS) 12A (Pioneer).  He was later awarded MOS 12B (Combat Engineer).


3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned to.

       (1)  Company D, 14th Engineer Battalion (Combat), U.S. Army Pacific [Vietnam], from 27 September 1966 through 3 June 1967; and

       (2)  Company B, 35th Engineer Battalion (Combat), U.S. Army Pacific [Vietnam], from 4 June through 15 September 1967; and
   
   b.  item 40 (Wounds) is blank.

	c.  Item 41 (Awards and Decorations) fails to show he was authorized award of the Purple Heart or Bronze Star Medal with "V" Device.

4.  There is no evidence in the applicant's military personnel records that shows he was wounded or treated for wounds as a result of hostile action or that he was awarded the Purple Heart.

5.  A review of The Adjutant General, Casualty Division's, Vietnam Casualty Roster, confirmed the applicant's name is not on the roster.

6.  There are no orders or other evidence in the applicant's military personnel records that show he was recommended for or awarded the Bronze Star Medal with "V" Device.

7.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce orders showing the applicant was awarded the Purple Heart or the Bronze Star Medal with "V" Device.

8.  The applicant's DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge) shows he was honorably released from active duty on
20 September 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation:

   a.  At the time he had completed 1 year, 11 months, and 13 days of net active service and 11 months and 22 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), 2 Overseas Service Bars, Expert Marksmanship Qualification Badge with [M-14] Rifle Bar, and 2nd Class Gunner Badge with M-79 Grenade Launcher [Marksman Marksmanship Qualification Badge with Grenade Bar].

9.  U.S. Army Reserve Personnel Center, Veterans Services Directorate,
St. Louis, MO, letter, dated 29 June 1992, responded to the same letter that the applicant now submits in support of this request:

   a.  The applicant was informed that his entitlement to award of the Purple Heart could not be verified.  He was asked to furnish the specific date, place, unit of assignment, and medical treatment facility that treated him for his wounds.

   b.  He was also informed that no record was found authorizing him the Bronze Star Medal with "V" Device.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations:
     
   a.  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.

	b.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  Award of the Bronze Star Medal with bronze "V" Device indicates an act of heroism involving conflict with an armed enemy.

   c.  Chapter 3 (U.S. Army Individual Decorations) provides for award of individual military decorations in time of war and peace for heroism and for meritorious achievement or service.  It states that for personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  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.

	e.  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, Soldier Programs and Services Division,
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 that his records should be corrected to show he was awarded the Purple Heart and Bronze Star Medal with "V" Device because he was wounded in action in Vietnam in July 1967 and informed by his first sergeant that he was being recommended for the Bronze Star Medal for valor based on his actions in August 1967.

2.  The applicant's claims were carefully considered:

   a.  There is no evidence in the applicant's military service records that show he was wounded as a result of hostile action, that such wound required treatment, or that the medical treatment was made a matter of official record:

	    (1)  The applicant's name is not listed on the Vietnam Casualty Roster.

	    (2)  There are no orders that show he was awarded the Purple Heart.

   b.  There is no evidence the applicant was awarded the Bronze Star Medal with "V" Device or that he was recommended for the award.
   
   c.  Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart or the Bronze Star Medal with "V" Device.

3.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal with "V" Device, this in no way affects his right to pursue his claim for the award 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:

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 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)                                         AR20100009366



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ABCMR Record of Proceedings (cont)                                         AR20100009366



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