IN THE CASE OF:	  

		BOARD DATE:	 21 September 2011 

		DOCKET NUMBER:  AR20110005233 


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 military records to show the Purple Heart and the Bronze Star Medal.

2.  The applicant states he was given a Purple Heart and a Bronze Star Medal for actions while serving in the Republic of Vietnam (RVN) during the period June 1971 - March 1972.  He contends that while on a mission in the RVN, his helicopter took three bullet hits and one hit came through the front window in front of his seat and blew a small hole in the plexiglass window.  He had lifted the visor on his helmet and when the shot came in the window he received cuts from the plexiglass on his face and some went into his eyes.  At that point he was somewhat blinded but his co-pilot was able to fly the aircraft back to base and he received first aid.  He states that the next day he was told by a major and a colonel that they were going to recommend him for a Bronze Star Medal approximately a month later, the company clerk told him that he had been put in for a Purple Heart and the Bronze Star Medal.  He adds that sometime later the executive officer presented to him two boxes, one containing a Purple Heart and the other the Bronze Star Medal.  He does not remember getting the certificates at that time.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Individual Flight Record, U.S. Army Officer Efficiency Report, and photographs of a helicopter.

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 appointed a Reserve commissioned officer on 
12 December 1969 and entered active duty on 7 February 1970.

3.  Item 17 (Foreign Service) of his DA Form 66 (Officer Qualification Record) shows he served in the RVN from 29 June 1971 to 28 June 1972.  Item 21 (Awards and Decorations) does not show the Purple Heart or the Bronze Star Medal.

4.  There is no evidence in his Official Military Personnel File (OMPF) that indicates he was ever recommended for or awarded the Purple Heart or that he was ever treated for a combat-related wound.  His name is not listed in the Vietnam casualty roster.  There is also no evidence in his OMPF showing he was awarded the Bronze Star Medal.

5.  He was honorably released from active duty on 29 March 1972.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Commendations Awarded or Authorized) of his DD Form 214 does not include 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 for the Purple Heart or the Bronze Star Medal pertaining to the applicant.

7.  He provided as evidence an Individual Flight Record, a U.S. Army Officer Efficiency Report, and photographs of a helicopter; however, these documents do not show that he was injured as a result of a hostile attack or that he was awarded the Bronze Star Medal.
8.  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.

9.  Army Regulation 600-8-22 states the 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show he was awarded the Purple Heart and the Bronze Star Medal has been carefully reviewed.

2.  His record does not contain orders or any other documentation indicating he was ever recommended for or awarded the Purple Heart or the Bronze Star Medal or evidence confirming that he was wounded as a result of hostile actions. His name is not included on the Vietnam Casualty Roster.  In the absence of such evidence, there is insufficient basis to correct his records to show he was awarded the Purple Heart or the Bronze Star Medal.

3.  In view of the foregoing, there is no basis to grant the 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)                                         AR20110005233



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ABCMR Record of Proceedings (cont)                                         AR20110005233



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