IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100020065
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 Army Commendation Medal, Bronze Star Medal, and the Purple Heart.
2. The applicant states the awards were omitted from his DD Form 214.
3. The applicant provides an Army Commendation Medal certificate, a Bronze Star Medal certificate, and an Up-In-Arms news article, dated 4 December 1967.
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. On 15 November 1965, the applicant enlisted in the Regular Army. He completed his initial training and he was awarded military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman).
3. He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 327th Infantry and Company C, 2nd Battalion (Airborne), 327th Infantry during his tour of duty in the Republic of Vietnam.
4. On 14 November 1968, he was released from active duty. He had attained the rank of specialist (temporary), pay grade E-4, and completed 3 years of creditable active duty service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and Parachutist Badge.
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries. His name is not listed on the Vietnam Casualty Roster.
7. 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 awarding the applicant the Army Commendation Medal, Bronze Star Medal, or Purple Heart.
8. The applicant provides the following:
a. Army Commendation Medal certificate which shows he was awarded the medal for meritorious achievement during the period 1 April to 31 August 1968.
b. Bronze Star Medal certificate which shows he was awarded the medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period 23 June 1967 to 22 June 1968.
c. The Up-In-Arms news article, dated 4 December 1967, which states he was awarded the Purple Heart for a shoulder injury he received in November 1967.
9. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There are no general orders showing he was awarded the Purple Heart. His name is not listed on the Vietnam Casualty Roster. Item 40 of his DA Form 20 contains no entries. Therefore, the news article that is available is insufficient to correct his records to show award of the Purple Heart.
2. There are no general orders that show he was awarded the Army Commendation Medal or Bronze Star Medal. The certificates provided by him are not sufficient evidence by themselves upon which to base a correction of his records. Should he have or be able to obtain a copy of the orders awarding him the Army Commendation Medal or other evidence to corroborate these awards, he may submit another application for consideration.
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) AR20100020065
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ABCMR Record of Proceedings (cont) AR20100020065
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