BOARD DATE:	  2 DECEMBER 2010

		DOCKET NUMBER:  AR20100015153 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart, Bronze Star Medal, and any other entitlements. 

2.  The applicant states the Bronze Star Medal was accidentally omitted.  He adds that he thinks he deserves the Purple Heart because his ankle and left thigh were injured by shrapnel from small arms fire or a mortar attack.

3.  The applicant provides:

* Letter from the National Personnel Records Center (NPRC)
* Chronological Record of Medical Care
* DD Form 214
* Self-authored statement
* An article from the Veterans of Foreign Wars magazine

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 for 3 years on 26 July 1967 and held military occupational specialty 12B (Combat Engineer).  He served in Vietnam from 21 February 1968 to 13 February 1969.  He was assigned to B Company, 15th Engineer Battalion. 

3.  He was honorably released from active duty on 24 July 1970 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Vietnam Campaign Medal with Device (1960), Vietnam Unit Citation, and Army Commendation Medal.

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury and item 41 (Awards and Decorations) does not show awards of the Purple Heart or the Bronze Star Medal.

6.  His records do not contain general orders which authorized him awards of the Purple Heart or the Bronze Star Medal.

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

8.  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 Bronze Star Medal or Purple Heart for him. 

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

10.  He submitted the following documents:

	a.  A letter, dated 16 March 2009, from NPRC, listing several awards among which is the Bronze Star Medal. 

	b.  Chronological record of medical care, dated on various dates in 1968.  He highlighted an entry, dated 13 December 1968, that shows "Aid station, 15th Engineer Battalion, boil on left thigh."  He also highlighted an undated entry on the reverse side of this document regarding an injury to the left thigh.  He reported to the aid station on 14 December 1968 for carbuncle to the left thigh and daily cleaning.  

	c.  Self-authored statement, dated 8 May 2010, wherein he states that while in Vietnam, his unit had a mission of building a new fire support base.  While in the process of getting the job done, he received small arms and mortar fire.  He took cover under and around graders and any heavy equipment that was available.  He and his comrades then loaded the wounded into a helicopter.  Upon return to base camp and after he took his boots off, he noticed his ankle had started getting sore and an injury to his left thigh.  He could feel a piece of shrapnel in his leg.  He used the tip of his knife to dig it up and used his first aid kit to clean up the wound.  He kept quiet about the wound because he did not want his family to worry about him.  However, a few weeks later, his wound was infected and he had to go to the aid station to get it cleaned.  The doctors cleaned, sutured, and dressed the wound and gave him antibiotics.  

	d.  An article from the VFW magazine regarding the 101st Airborne Division combat operations in Vietnam.

11.  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 and 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.  

12.  Headquarters, U.S. Army Training Center, Fort Campbell, KY, Special Orders Number 222, dated 14 September 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

13.  Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, Special Orders Number 29, dated 29 January 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

14.  Headquarters, Department of the Army, published the following General Orders (GO) regarding the 15th Engineer Battalion:

* GO Number 31, dated 1969, awarded this unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 December 1966 to 30 June 1968
* GO Number 59, dated 1969, awarded this unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969

15.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam participation credit was awarded for the TET Counteroffensive (30 January to 1 April 1968), Vietnam Counteroffensive, Phase IV (2 April to 30 June 1968), Vietnam Counteroffensive, Phase V (1 July to 1 November 1968), and Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

2.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four instead of two bronze service stars to be affixed to his Vietnam Service Medal.

3.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these badges. 

4.  With respect to the Purple Heart, 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.

5.  His service record is void of any orders that show he was awarded the Purple Heart; his name is not shown on the Vietnam casualty roster; his DA Form 20 does not indicate any combat wounds; and his official medical records are not available for review. 

6.  The medical documents he submitted do not show the circumstances that led to this injury and whether the injury resulted from enemy action.  Notwithstanding his sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

7.  With respect to the Bronze Star Medal, there is no evidence in the available records that show he was recommended for or awarded this award.  The governing Army regulation states that for personal decorations (which included 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 this award. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  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 Vietnam Service Medal with 2 bronze service stars; and 

	b.  adding to his DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Service Medal with four bronze service stars, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Purple Heart and Bronze Star Medal.



      _______ _  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)                                         AR20100015153



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ABCMR Record of Proceedings (cont)                                         AR20100015153



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