BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110003487 


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 two awards of the Bronze Star Medal, that he had hearing loss and shrapnel in his left arm, and in effect, award of the Purple Heart.

2.  He states:

* he was awarded two Bronze Star Medals, but he never received them and they are not in his record
* he lost the majority of his hearing and he has shrapnel in his left arm, but there is no record of it
* he lost his hearing because a howitzer exploded in front of him
* the shrapnel in his arm came from him assisting a lieutenant during a firefight
* the doctor at the forward hospital tent told him it would do more damage to remove the shrapnel
* a superior officer told him and three other Soldiers that they would get the Bronze Star Medal
* his DD Form 214 is basically void of these details

3.  He provides his DD Form 214.


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 was inducted into the Army of the United States on 27 January 1966.  He completed training and he was awarded military occupational specialty 11C (infantry indirect fire crewman).

3.  His service record contains a Standard Form (SF) 600 (Chronological Record of Medical Care) which shows he was evaluated for problems with his right ear on 16 April 1967.  The medical document indicated he heard a pulse; had a feeling of pressure; decreased hearing; history of childhood injury (thought to be the cause of symptoms); an old audiogram showed decreased perception in the 1,000 range in the right ear.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in Vietnam from 4 July 1966 through 6 July 1967
* item 38 (Record of Assignments) does not show he was hospitalized in a “patient” status at any time
* item 40 (Wounds) no entries [blank]
* item 41 (Awards and Decorations) does not list any awards of the Bronze Star Medal or the Purple Heart

5.  His service record does not contain orders which show he was awarded any Bronze Star Medals or the Purple Heart or medical documentation which shows he was wounded as a result of hostile action in Vietnam.  The Vietnam casualty listing does not list his name.

6.  His record contains an SF 88 (Report of Medical Examination) that shows he underwent a physical examination on 28 December 1967 for the purpose of his 


expiration of term of service.  This form shows he was given a physical profile of 111111 which indicates he was considered to possess a high level of medical fitness.  The examining physician declared the applicant was qualified for separation.

7.  His record also contains an SF 89 (Report of Medical History), dated
29 December 1967.  The examining physician noted he had slight hearing loss (from birth, no profile).  No medical documentation is available which indicates he sustained any shrapnel wounds.

8.  He was honorably released from active duty on 26 January 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of any Bronze Star Medals or the Purple Heart.

9.  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 any Bronze Star Medals or the Purple Heart pertaining to the applicant.

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

   a.  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.

	b.  Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The version in effect at the time did not provide guidance for entry of wounds sustained in action.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded two Bronze Star Medals is acknowledged.  However, his service record is void of evidence and he has not provided any evidence that shows he was recommended for or awarded any awards of the Bronze Star Medal.  Additionally, a review of ADCARS failed to reveal any orders for award of any Bronze Star Medal pertaining to the applicant.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

2.  His request for correction of his DD Form 214 to show he had hearing loss and shrapnel in his left arm is also acknowledged.  However, he has not provided any evidence of sustaining a shrapnel wound and evidence shows his hearing loss resulted from a childhood condition incurred prior to entering the Army.  Additionally, Army Regulation 635-5 in effect at that time had no provision to record medical conditions on the DD Form 214.

3.  The applicant's service record does not contain orders for the Purple Heart.  No medical documentation is available which shows he was wounded as a result of hostile action.  His name is not listed on the Vietnam casualty listing.

4.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.  In the absence of evidence of record which shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to base award of the Purple Heart in this case.

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)                                         AR20110003487



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ABCMR Record of Proceedings (cont)                                         AR20110003487



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