IN THE CASE OF:	  

		BOARD DATE:	    9 June 2011

		DOCKET NUMBER:  AR20100027231 


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 Bronze Star Medal, Purple Heart, and his military occupational specialty (MOS) as 11E2O (Armor Crewman).

2.  The applicant states he deserves the Bronze Star Medal because he saved the lives of four persons.  He contends that he received a shrapnel wound and should have been awarded the Purple Heart.  He also contends that he never worked on a sewing machine and had nothing to do with MOS 43K2O (Canvas/ Leather Repairman).

3.  The applicant provides:

* a transmittal letter from the County of Riverside, Department of Veterans' Services, dated 26 October 2010
* a Department of Veterans Affairs (VA) Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD)
* his DD Form 214
* his DD Form 215 (Correction to DD Form 214), dated 9 September 2005
* a reply to him from the Defense Personnel Records Information Retrieval System (DPRIS)
* a notarized letter of support, dated 30 June 2006


* a letter from the Military Order of the Purple Heart, dated 28 August 2006
* a DA Form 87 (Certificate of Training)

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.  On 26 March 1969, the applicant was inducted into the Army of the United States.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 8 (Duty MOS) the entry 43K2O;

	b.  Item 22 (Military Occupational Specialties) the entry Primary MOS 43K2O Canvas Repairman, 24 May 1969;

	c.  Item 38 (Record of Assignments): 

* 20 June 1969 to 23 Jul 1970 - Cargo Leather Repairman - Headquarters and A Company, 124th Maintenance, Fort Hood TX
* 17 August 1970 to 20 March 1971 - Canvas Repairman – 
63rd Maintenance Battalion, U.S. Army Pacific [Republic of Vietnam (RVN)]

	d.  Item 40 (Wounds) no entry (blank); and

	e.  Item 41 (Awards and Decorations) the entry:

* National Defense Service Medal
* Vietnam Service Medal
* one overseas service bar
* 

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* 1st Class Gunner [Sharpshooter Marksmanship Qualification Badge] with Grenade Bar

4.  A review of documents filed in the applicant's Official Military Personnel File (OMPF) revealed:

	a.  Special Orders Number 169, issued by Headquarters, 2nd Armored Division, Fort Hood, dated 18 June 1969, that released the applicant from the 502nd Administration (Replacement) Company and assigned him to Headquarters and A Company, 124th Maintenance Battalion, effective 20 June 1969, for duty in his primary MOS of 43K2O as a canvas/leather repairman.

	b.  Special Orders Number 273, issued by Headquarters, U.S. Army Support Command, Da Nang (RVN), advanced the applicant to specialist four (SP4)/E-4, in his primary MOS of 43K2O, effective 24 September 1970.

5.  The applicant's service medical record contains a Standard Form 88 (Report of Medical Examination) that shows he underwent a separation medical examination on 26 March 1971.  This form makes no mention of any physical defects or medical ailments and the examining physician found him qualified for separation.  This examination report also makes no mention of any wound or injury that the applicant may have received while in the RVN.

6.  On 28 March 1971, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed 2 years and 3 days of total active service.

7.  The applicant's DD Form 214, as corrected by a DD Form 215, shows in:

	a.  Item 23a (specialty Number and Title) the entry 43K2O  Canvas Repairman; and

	b.  Item 24 ( Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* RVN Campaign Medal with Device (1960)

8.  The applicant’s name is not listed on the Vietnam casualty listing.

9.  In a notarized letter of support, provided by the applicant, the author states he served in the Republic of Vietnam during the period 20 March 1970 to 
19 March 1971.  He states that he and others saw the applicant get hit by a piece of shrapnel from incoming enemy rounds.  The letter does not indicate the seriousness of the wound or whether it required medical treatment.

10.  Army Regulation 600-8-22 (Military Awards):

	a.  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.

	b.  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 a medical officer, and the medical treatment must have been made a matter of official record.

11.  U.S. Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.

12.  Title 10, 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.

13.  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.  The available evidence of record clearly shows that the applicant's MOS was 43K2O indicating his duty was to repair leather and canvas.  There is no evidence of record and the applicant did not submit any evidence that shows he was ever trained in, assigned in, or reclassified into MOS 11E as an armor crewman.

2.  There are no general orders awarding the applicant the Bronze Star Medal.  The applicant has not provided sufficient evidence to show he was recommended for and/or awarded this award.

3.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects his 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.

4.  There are no general orders awarding the applicant the Purple Heart.  The applicant's name is not listed on the Vietnam casualty listing.  The applicant's
DA Form 20 does not indicate he received any wounds as a result of hostile actions.  The evidence provided by the applicant indicates that he had received shrapnel wounds; however, it also does not substantiate that his wounds were the result of hostile actions or that he required medical treatment.  There is also no evidence of the claimed incident in his available medical records.

5.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20100027231



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100027231



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1