IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110004382 


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 he was awarded the Bronze Star Medal and the Purple Heart.

2.  The applicant states:

* he was awarded the Bronze Star Medal and certificate and he has them at home
* he will include them as attachment 2
* he was wounded in the left shoulder by a friendly bomb shrapnel around May 1969 and was medically evacuated to have the wound dressed
* he has a scar and the shrapnel

3.  The applicant provides a Bronze Star Medal Certificate and pictures of shrapnel and a scar on his back.

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.  He was inducted into the Army on 18 July 1967.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 14 July 1968 and was assigned to Company A, 2nd Battalion, 7th Cavalry, 1st Air Cavalry Division.

3.  The applicant departed Vietnam en-route to the U.S. on 9 July 1969 and was released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).

4.  The DD Form 214 he received shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal
* Combat Infantryman Badge

5.  His DD Form 214 does not show he was awarded the Purple Heart or the Bronze Star Medal.  His DA Form 20 does not show he was wounded as a result of hostile action by enemy forces and there are no orders contained in his official record awarding him the Purple Heart or the Bronze Star Medal.

6.  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 awarding him the Purple Heart or the Bronze Star Medal.

7.  The applicant's name is not shown on the Vietnam Casualty Listing.

8.  The applicant submits a Bronze Star Medal Certificate which shows he received it for meritorious achievement in ground operations against hostile forces during the period July 1968 to July 1969.  It shows that he was given the certificate on 22 June 1969.  He also submits pictures that he identifies as shrapnel and a scar on his back.



9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

10.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states:

	a.  The Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

	b.  The Bronze Star Medal may have been awarded for heroism or for 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.  The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades.  However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional).

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  There is no evidence contained in his official record showing he was wounded while in action against an enemy or as a result of hostile action as required by regulation.  There are also no orders in his record awarding him the Purple Heart or the Bronze Star Medal.  The certificate and pictures he submits are not sufficiently mitigating to warrant the requested relief.

3.  In view of the foregoing, his 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 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)                                         AR20110004382





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ABCMR Record of Proceedings (cont)                                         AR20110004382



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