IN THE CASE OF:	  

		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20110002620 


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 Air Medal.

2.  The applicant states he was injured by charges that blew up.  He also contends his records show he has the qualifying hours for award of the Air Medal.

3.  The applicant provides a copy of a Standard Form 600 (Chronological Record of Medical Care) showing treatment for his injury.

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.  Evidence of Record and Background Information:

	a.  On 18 August 1969, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11C (Infantryman Indirect Fire Crewman).

	b.  On 18 December 1969, the applicant departed Fort Polk, Louisiana, for duty in the Republic of Vietnam (RVN).

	c.  On 20 January 1970, the applicant was assigned for duty with the 3rd Battalion, 18th Infantry Regiment.

	d.  On 30 April 1970, the applicant was assigned as an ammunition bearer.

	e.  The Standard Form 600 provided by the applicant shows he was admitted for treatment for a powder blast injury to his left arm and conjunctivitis on 5 May [1970].  The entry does not offer any information as to the circumstances surrounding his injury.

	f.  On 18 March 1971, the applicant departed the RVN.

	g.  On 23 March 1971, the applicant was released from active duty.  He attained the rank of sergeant/pay grade E-5 and completed 1 year, 7 months, and 6 days of creditable active duty.

	h.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal
* Bronze Star Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

	i.  The applicant's name is not listed on the Vietnam casualty roster.

	j.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.

	k.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is 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.

3.  References:

	a.  Army Regulation 600-8-22 (Military Awards) provides that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Army Regulation 600-8-22 provides for award of the Purple Heart to a member of the Armed Forces 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 United States.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart and Air Medal.

2.  There are no available general orders showing the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam casualty roster.  Item 40 of his DA Form 20 does not record any wounds received in action.  The medical evidence provided by the applicant shows he received an injury, but does not explain how or under what circumstances he was injured.

3.  There are no available general orders showing the applicant was awarded the Air Medal.  The available records do not contain any documentary evidence that he performed aerial duties that would have qualified for award of the Air Medal.

4.  In view of the above, the applicant's request should be denied.

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)                                         AR20110002620



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ABCMR Record of Proceedings (cont)                                         AR20110002620



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