IN THE CASE OF:	  

		BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100023725 


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 two awards of the Purple Heart, a "Combat Aerial Assault Award," and a "Combat Assault Award."

2.  In a self-authored statement, he states, in effect:

* he served with the 577th Engineer Battalion (Construction), Company C, 3rd platoon in Vietnam
* he tried to establish communication with the Army Engineer Corps unit that he was assigned to but he was unsuccessful
* he tried to contact several fellow Soldiers
* he is physically disabled
* he experienced a severe head wound in July 1970 caused by some sort of enemy weapon projectile explosion
* the Project Concern International unit personnel were abducted, captured by the enemy, and killed
* he injured his left hand when a bunker door slammed shut on it due to enemy projectile explosions
* his unit did a number of combat helicopter operations
* he was physically assaulted by a number of African American males
* he describes combat operations
* he was a true hero


* he was honorably discharged on 20 April 1976 in the rank/grade of staff sergeant (SSG)/E-6
* he reentered military service on 27 May 1977 in the rank/grade of specialist four (SP4)/E-4

3.  The applicant provides:

* a letter from the Fall River County Veteran Service Office in Hot Springs, SD, dated 18 July 2008
* a Headquarters, 577th Engineer Battalion (Construction) Operational Report for the period ending 31 October 1971
* a photograph of what appears to be a patch
* three Honorable Discharge Certificates
* two DD Forms 214 (Report of Separation from Active Duty) for the periods ending 24 March 1978 and 20 April 1976
* a DD Form 214 (Report of Transfer or Discharge) for the period ending
20 April 1969
* a self-authored letter, dated 27 October 2010

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 (RA) on 26 December 1967 for a period of 3 years.  He completed his training and he was awarded military occupational specialty 51B (carpenter).  He served in Korea and he was honorably discharged for immediate reenlistment on 20 April 1969.

3.  His DD Form 214 for the period ending 20 April 1969 does not show the Purple Heart, "Combat Aerial Assault Award," or "Combat Assault Award" as authorized awards.

4.  He reenlisted in the RA on 21 April 1969 for a period of 6 years.  He served as a carpenter assigned to Company C, 36th Engineer Battalion and Company C, 577th Engineer Battalion (Construction) in Vietnam.  He subsequently served in Korea and he was honorably discharged on 20 April 1976.

5.  His DD Form 214 for the period ending 20 April 1976 does not show the Purple Heart, "Combat Aerial Assault Award," or "Combat Assault Award" as authorized awards.

6.  There are no orders for the Purple Heart in the applicant’s service personnel records.

7.  His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  His name does not appear on the Vietnam casualty roster.

8.  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 for the Purple Heart pertaining to the applicant.

9.  He enlisted in RA on 27 May 1977 for a period of 4 years.  He served as a combat engineer and he was honorably discharged on 24 March 1978 based on his conscientious objector status.

10.  His DD Form 214 for the period ending 24 March 1978 does not show the Purple Heart, "Combat Aerial Assault Award," or "Combat Assault Award" as authorized awards.

11.  Army Regulation 600-8-22 (Military Awards) does not show the "Combat Aerial Assault Award" or "Combat Assault Award" as authorized awards.

12.  Army Regulation 600-8-22 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.


DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Purple Heart in the available records.  There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Vietnam.  Regrettably, there is insufficient evidence to support award of any Purple Hearts in this case.

2.  The governing awards regulation does not show the "Combat Aerial Assault Award" or the "Combat Assault Award" as authorized awards.  Therefore, there is also no basis for granting this portion of his requested 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)                                         AR20100023725



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ABCMR Record of Proceedings (cont)                                         AR20100023725



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