IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100011893
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 Transfer or Discharge) to show award of the Bronze Star Medal and Purple Heart.
2. The applicant states the awards were omitted due to an oversight.
3. The applicant provides:
* Award certificate for the Bronze Star Medal
* DD Form 214
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 15 June 1965 for a period of
3 years. He served as a light weapons infantryman in Vietnam. On 4 June 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining military service obligation.
3. The applicant's DD Form 214 does not show the Bronze Star Medal or Purple Heart as authorized awards.
4. There are no orders for the Bronze Star Medal or Purple Heart in the applicants service personnel records.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal or Purple Heart.
6. Item 40 (Wounds) of applicant's DA Form 20 (Enlisted Qualification Record) is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
7. On 4 June 1968, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for award of the Bronze Star Medal or Purple Heart.
9. In support of his claim for the Bronze Star Medal, the applicant provided an award certificate for the Bronze Star Medal for meritorious achievement for the period 21 May 1967 to 20 May 1968.
10. Army Regulation 600-8-22 (Military Awards) states 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.
11. Army Regulation 600-8-22 states 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.
DISCUSSION AND CONCLUSIONS:
1. There are no orders for the Bronze Star Medal in the available records and the applicant did not provide any orders for the Bronze Star Medal. In the absence of orders officially awarding him the Bronze Star Medal or any other official corroborating evidence, the award certificate provided by the applicant is not sufficient as a basis for adding the Bronze Star Medal to his DD Form 214.
2. There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. There are no orders for the Purple Heart in the available records. Regrettably, there is insufficient evidence on which to base award of 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) AR20100011893
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100011893
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150001516
The FSM's service record does not include orders for award of the Purple Heart. The applicant provided two award certificates in which they both indicate the FSM was awarded the Purple Heart for wounds received in action on 4 December 1968 in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the Purple Heart for wounds received in action on 4 December 1968; b. deleting the Vietnam Service...
ARMY | BCMR | CY2013 | 20130014798
There is no evidence in the typical source documents to confirm he was wounded in action and/or treated for a combat injury/wound: * item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he was in a patient status * item 40 (Wounds) of his DA Form 20 does not reflect a combat wound or injury * item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart * his records do not contain general orders awarding him the Purple...
ARMY | BCMR | CY2010 | 20100019361
Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090016743
In 1968 during his tour of duty in Vietnam the applicant was: * Promoted to pay grade E-4 in April * Awarded the Combat Infantryman Badge in May * Awarded an Air Medal for meritorious achievement in June * Wounded as a result of hostile action on 25 August * Received "excellent" conduct and efficiency ratings 6. c. Like the Purple Heart, the Bronze Star Medal was awarded after the applicant departed Vietnam. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2014 | 20140005094
However, there are no orders or any other evidence in his military records that show he was recommended for or awarded the Silver Star. There is no evidence in his military records that shows he was awarded the Silver Star for action on 12 August 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal with four bronze service stars from his DD Form 214; b. awarding him the Purple...
ARMY | BCMR | CY2008 | 20080019911
His records do not contain any evidence that the applicant was wounded or was awarded the Purple Heart. The applicant's name on the Vietnam casualty list is irrefutable evidence that the applicant was wounded by hostile forces while in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds incurred in Vietnam on 7 January 1967; and b. adding the Purple Heart, the Republic of...
ARMY | BCMR | CY2008 | 20080006197
The applicant's records show that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the Purple Heart for wounds sustained in the Republic of Vietnam on 30 April 1968, the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and one silver service star to be...
ARMY | BCMR | CY2010 | 20100023929
The applicant states he was wounded in Vietnam on 27 December 1968 and 4 January 1969; however, only one award of the Purple Heart is shown on his DD Form 214. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Purple Heart and the Vietnam Service Medal; and b. adding to item 24 of his DD Form...
ARMY | BCMR | CY2013 | 20130019790
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. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal (AGCM) is awarded to individuals who have completed a qualified period of active duty enlisted service. As a result, the Board...
ARMY | BCMR | CY2008 | 20080016493
10. Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214. The applicants records contain Special Orders Number 128, Headquarters, United States Army Vietnam, dated 7 May 1968, awarding him the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by a. awarding the applicant the Purple Heart for wounds received in action on 2 September 1968...