BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022259 


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 Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

2.  The applicant states his DD Form 214 does not reflect the above awards.

3.  The applicant provides a certificate showing award of the Purple Heart.

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 on 9 September 1965 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 2 June 1967 to 12 June 1968.  He was assigned to Company F, 51st Infantry.

3.  On 12 June 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Parachutist Badge
* Vietnam Service Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) does not show he qualified with the M-16 rifle or the degree of qualification.  Additionally, his service record is devoid of official orders awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Item 40 (Wounds) of his DA Form 20 does not reflect a combat injury or the date of such injury and item 41 (Awards and Decorations) of this form does not show award of the Purple Heart.

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

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

9.  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 Purple Heart orders for him.

10.  He submitted a certificate, dated 1 May 1968 that shows he was awarded the Purple Heart for wounds received in action in South Vietnam on 17 April 1968.  However, no official orders were provided by him or exist in his service records for this award.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against an 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.

12.  Army Regulation 600-8-22 also provides for marksmanship badges.  The Marksmanship Qualification Badge is awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  Award of marksmanship badges is not permanent.  An award for previous marksmanship weapons qualification is revoked automatically whenever an individual, upon completion of firing a record course for which the previous award was made, has not attained the same qualification.  If a badge is authorized for firing a limited or sub-caliber course, it is automatically revoked if a record service course is subsequently fired.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The applicant provided a certificate that shows he was awarded the Purple Heart for wounds received in action on 17 April 1968.  However, 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 and his DA Form 20 does not show he received any combat wounds.  His medical records are not available for review with this case.

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

4.  With respect to the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), there is no evidence in his records and he did not provide any evidence in the form of official orders, letter orders, a memorandum, an endorsement, or a roster that shows he qualified or the degree of qualification with the M-16.  Therefore, there is insufficient evidence to award him this badge.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _ 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)                                         AR20100022259



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ABCMR Record of Proceedings (cont)                                         AR20100022259



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