IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100025036 


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 his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the Purple Heart (PH) and Army Commendation Medal (ARCOM) he earned.

2.  The applicant states he feels the PH and ARCOM should be added to his DD Form 214.

3.  The applicant provides a copy of PH orders 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's record shows he was inducted into the Army of the United States on 27 August 1969 and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was promoted to specialist four (SP4)/E-4 on 12 July 1970 and this is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 30 January 1970 through 16 October 1970.  Item 38 (Record of Assignments) shows that during his RVN tour of duty, he was assigned to Company C, 1st Battalion, 50th Infantry Regiment, performing duties in MOS 11B as an assistant machine gunner.

4.  Item 40 (Wounds) of the applicant's DA Form 20 is blank and item 41 (Awards and Decorations) does not include the PH and ARCOM in the list of earned awards.

5.  The applicant's military personnel records jacket (MPRJ) is void of any orders or other documents that show the applicant was recommended for or awarded the PH and/or ARCOM during his active duty tenure.  His MPRJ is also void of any medical treatment records that show he was ever treated for a combat-related wound.

6.  On 26 August 1971, the applicant was honorably released from active duty (REFRAD) in the rank of SP4/E-4 after completing 2 years of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards during his active duty tenure:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  The applicant provides a copy of Headquarters, I Field Force Vietnam, General Orders Number 535, dated 8 May 1970.  These orders indicate the applicant was awarded the PH for wounds received in action on 4 April 1970.

8.  During the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam casualty roster.  No entry pertaining to the applicant was found on this roster.

9.  A member of the Board staff also reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web based index containing general orders issued between 1965 and 1973 for the Vietnam era maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC).  The PH orders provided by the applicant were not included in this index and there are no other PH or ARCOM orders pertaining to the applicant maintained on ADCARS.

10.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  It states individual awards must be recommended, approved by proper authority, and announced in official orders.

11.  Paragraph 2-8 of Army Regulation 600-8-22 contains guidance on the PH.  It states in order to support award of the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment must have made a matter of official record.

12.  Paragraph 2-17 of Army Regulation 600-8-22 contains guidance on the ARCOM.  It states it is awarded for meritorious service, achievement, and valor (heroism).  As with any individual award, it must be recommended, approved by proper authority, and announced in official orders.  The wartime approval authority for the ARCOM may be delegated to colonel-level commanders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the PH should be added to his DD Form 214 has been carefully considered.  However, the evidence is not sufficient to support this claim.

2.  By regulation, in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record.

3.  Although the applicant provided a copy of PH orders, there is no evidence of record or independent evidence provided by the applicant that corroborates the orders he provides or shows he was ever wounded in action or treated for a combat-related wound while serving in the RVN.

4.  Item 40 of the applicant's DA Form 20 is blank, indicating he was never wounded in action and the PH is not included in item 41 of his DA Form 20 or in item 24 of his DD Form 214.  In addition,  there is no indication the applicant pursued adding the PH to his record and DD Form 214 in the nearly 1 year he continued to serve on active duty after his departure from the RVN or at the time of his REFRAD.

5.  Further, there are no medical treatment records in the MPRJ or provided by the applicant that verify he was treated for a combat-related wound while serving in the RVN.  Finally, his name is not included on the Vietnam casualty roster, the official Department of the Army list of RVN combat casualties.

6.  Finally, the orders he provides are not included in ADCARS maintained by HRC.  As a result, absent any evidence of record to corroborate the information contained on the copy of orders he provides or that verifies he was wounded in action or treated for a combat-related wound by military medical personnel, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  Therefore, it would not be appropriate or serve the interest of justice of all those who served in the RVN and who faced similar circumstances to add the PH to his DD Form 214 at this late date.

7.  The applicant's request to add the ARCOM to his DD Form 214 has also been carefully considered.  However, there is no evidence of record or independent evidence submitted by the applicant that shows he was ever recommended for or awarded the ARCOM during his active duty tenure.  As a result, there is insufficient evidentiary basis to support granting this portion of the requested relief.

8.  The Board wants the applicant and all others concerned to know this action relating to adding the PH and ARCOM to his DD Form 214 in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 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)                                         AR20100025036



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ABCMR Record of Proceedings (cont)                                         AR20100025036



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