IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100019424 


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, award of the Bronze Star Medal and a second award of the Purple Heart. 

2.  The applicant states:

* He was involved in an explosion causing severe injuries on 12 July 1968 in Vietnam and was not awarded the Purple Heart
* He was not provided the Bronze Star Medal for meritorious service as was the custom for individuals leaving Vietnam at that time

3.  The applicant provides no documentary evidence in support of his application.

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 enlisted in the Regular Army on 31 July 1967 for a period of 3 years.  He served as a combat engineer in Vietnam from 15 December 1967 to 20 July 1969.  On 2 November 1969, he was honorably discharged for immediate reenlistment.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons or Awarded) of his DD Form 214 (Report of Transfer or Discharge) for the period ending 2 November 1969 does not show the Bronze Star Medal.  However, this DD Form 214 shows, among other awards, one award of the Purple Heart.

4.  He reenlisted on 3 November 1969 for a period of 6 years.  On 7 November 1975, he was honorably discharged by reason of completion of active service.

5.  Item 26 of his DD Form 214 for the period ending 7 November 1975 also does not show the Bronze Star Medal and shows one award of the Purple Heart.

6.  General Orders Number 2166, issued by Headquarters, 1st Cavalry Division (Airmobile), dated 11 April 1968, show the applicant received the Purple Heart for wounds received in action on 19 April 1968.  It is noted the date of these orders precede the date of his wounding.

7.  A Western Union Telegram, dated 21 April 1968, shows he was slightly injured in Vietnam on 19 April 1968 as a result of hostile action.  The telegram states:

* he received a bruised right elbow
* he was on a military aircraft and when the aircraft received hostile fire he injured himself jumping from it

8.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was injured on 19 April 1968 (bruise right elbow).

9.  The Vietnam casualty roster shows he was wounded on 19 April 1968.

10.  Item 38 (Record of Assignments) of his DA Form 20 shows he was a patient at Camp Zama, Japan from 9 July 1968 to 30 July 1968.  However, there is no evidence of record which shows he was hospitalized as a result of hostile action in Vietnam.

11.  There are no orders in the available records which show he received a second award of the Purple Heart for wounds received in action on 12 July 1968.  

12.  There are no orders for the Bronze Star Medal in the available records.

13.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show entitlement to the Bronze Star Medal or a second award of the Purple Heart.

14.  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 Bronze Star Medal or a second award of the Purple Heart pertaining to the applicant.

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

16.  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.  The regulation also states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

17.  Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.


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

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Bronze Star Medal in the available records.  There is also insufficient evidence in which to base award the Bronze Star Medal in this case.  Therefore, there is no basis for granting this portion of the applicant's request.

2.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  Orders show he received the Purple Heart for wounds received in action on 19 April 1968 which is properly reflected on his DD Forms 214.  However, there is no evidence in the applicant's service personnel record or evidence submitted by the applicant that shows he was wounded or injured as a result of hostile action on 12 July 1968.  Regrettably, there is insufficient evidence in which to award a second award of the Purple Heart.

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)                                         AR20100019424



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019424



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1