BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100016475 


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 award of the Purple Heart and the Army Commendation Medal.

2.  The applicant states he was wounded by shrapnel while in Vietnam.  He also states he never received the actual Army Commendation Medal due to being in the field during the ceremony.

3.  The applicant provides his DD Form 214, an Army Commendation Medal citation, and a statement indicating medical treatment.

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.  His military records show he was inducted into the Army of the United States on 17 October 1950.  He subsequently enlisted in the Regular Army and he was awarded the military occupational specialty of combat construction specialist.  He attained the rank/grade of first sergeant (1SG)/E-8.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam performing duties as a 1SG during the periods 17 July 1966 to 8 July 1967 and 16 July 1969 to 12 July 1970.

4.  His final DD Form 214 shows he was retired from the Regular Army on
31 December 1970 by reason of sufficient service for retirement.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) after completing 20 years and 3 days of creditable active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's available DD Forms 214 do not show award of the Purple Heart or the Army Commendation Medal.

6.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

7.  His name does not appear on the Vietnam Casualty Roster.

8.  His records do not contain any evidence that indicates he was ever awarded the Purple Heart by proper authority.

9.  The applicant provided a statement indicating he was treated at the Forward Clearing Station, 2d Brigade, 4th Infantry Division for a traumatic laceration of the face.  The statement contains the signature of a medical officer in the rank of captain.  However, the statement does not indicate the injury was the result of hostile action.

10.  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 award of the Purple Heart or the Army Commendation Medal pertaining to the applicant.


11.  Army Regulation 600-8-22 (Military Awards) provides that 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.

12.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant provided a statement indicating he was treated for a traumatic laceration to the face requiring sutures, there is no corroborating evidence the injury was the result of hostile action. 

2.  His DA Form 20 does not show he was wounded and his name is not listed on the Vietnam Casualty Roster.

3.  In the absence of evidence he was wounded or injured as a result of hostile action, treated for such wounds, and that it was made a matter of official record, there is insufficient evidence upon which to base award of the Purple Heart.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, regrettably, there is insufficient basis for granting the applicant's requested relief.

4.  There is no evidence of the award of the Army Commendation other than the certificate submitted by the applicant.  Without orders corroborating award of the Army Commendation Medal, there is insufficient evidence to show award of the Army Commendation Medal was approved by the applicant’s commander.

5.  In view of the foregoing, there is no basis for granting the applicant's request relief.


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)                                         AR20100016475



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ABCMR Record of Proceedings (cont)                                         AR20100016475



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