IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110004528 


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 add award of the Purple Heart (PH) and Air Medal (AM).

2.  The applicant states he was wounded in the Republic of Vietnam (RVN) and did not receive the PH.  He also states he received an AM Citation and medal, but it was never added to his DD Form 214.

3.  The applicant provides a Congressional Inquiry and the accompanying supporting documents which include an AM Citation and separation physical examination.

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 25 July 1969.  He was trained in and awarded military occupational specialty (MOS) 13A (Field Artillery).  He was promoted to specialist four/E-4 on 1 August 1970 and this is the highest rank he held and served in on active duty.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 15 December 1969 through 19 November 1970.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 1st Battalion, 30th Artillery, 1st Cavalry Division, performing duties in MOS 13A as a radio/telephone operator and cannoneer.

4.  Item 40 (Wounds) of the applicant's DA Form 20 is blank, and the PH and AM are not included in the list of awards entered in item 41 (Awards and Decorations).  His record is void of any orders or other documents indicating he was ever awarded the PH and/or AM by proper authority while serving on active duty.  It is also void of any documents showing he was wounded in action in the RVN or that he was ever treated for a combat related wound by military medical personnel while serving in the RVN.

5.  On 23 July 1971, the applicant was honorably released from active duty after completing 1 year, 11 months, and 29 days of active military service.  The DD Form 214 he was issued at the time does not include the PH and AM in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).  Item 24 shows he earned the following awards during his active duty tenure:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal
* Army Commendation Medal (ARCOM)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  The applicant provides a Standard Form 88 (Report of Medical Examination) documenting his separation medical examination.  This document lists scars on his right and left index fingers from fragment wounds.  It fails to indicate these scars/wounds were combat related or that they were received as a result of enemy action.  He also provides an AM Citation indicating he was awarded the AM for the period December 1969 through July 1970; however, there are no AM orders provided with the citation.

7.  A member of the Board staff reviewed the Department of the Army (DA) Vietnam casualty roster.  There is no entry on this roster indicating the applicant was ever wounded in action in the RVN.

8.  A review of the 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 U.S. Army Human Resources Command, was also completed.  This system had orders awarding the applicant the ARCOM; however, it failed to reveal PH or AM orders pertaining to the applicant.

9.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the PH.  It states the PH is awarded to members wounded in action.  It also states that in order to award 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 medical personnel, and a record of the medical treatment was made a matter of official record.

10.  Paragraph 3-16 of Army Regulation 600-8-22 provides guidance for award of the AM.  It states the AM 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.

DISCUSSION AND CONCLUSIONS:

1.  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, that it required treatment by medical personnel, and a record of the medical treatment must have been made a matter of official record.

2.  The applicant's record is void of any entries or documents corroborating his claim that he was wounded in action in the RVN or that show he was ever treated for a combat-related wound by medical personnel while serving in the RVN.  Item 40 of his DA Form 20 is blank which indicates he was not wounded in action and the PH is not included in the list of awards contained in item 41.

3.  Further, there is no entry pertaining to the applicant on the Vietnam casualty roster, the official DA list of RVN casualties.  Absent any evidence of record corroborating the applicant's claim that he was wounded in action in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

4.  By regulation, the AM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders.  The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the AM by proper authority during his active duty tenure and there are no AM orders for the applicant contained in ADCARS.  Absent any evidence of record corroborating the information contained on the AM Citation provided by the applicant, there is also an insufficient evidentiary basis to support adding the AM to the applicant's record and/or DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The applicant and all others concerned should know this action related to award of the PH and AM 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.



      _____________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)                                         AR20110004528



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110004528



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1