IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110006214 


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 records to show award of the Purple Heart and Silver Star.

2.  The applicant states, in effect, that:

* he has small left dorsal wrist scars caused by fragments of mortar
* he saved an individual's life
* he has the Army Commendation Medal with "V" device

3.  The applicant provides a copy of his disability rating letter from the Department of Veterans Affairs.

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.  Records show the applicant enlisted in the Army on 14 October 1969.  He completed training and was awarded the military occupational specialty 16F20 (Light Weapons Artillery).  The highest rank/pay grade he attained while serving on active duty was specialist /E-4.

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 6 April 1970 through 17 May 1971.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that during his tour in the Republic of Vietnam, he was assigned to the following units for the periods indicated:

* 10 April 1970 through 14 April 1970, 15th Artillery Group Replacement, 1st Calvary Division
* 15 April 1970 through 17 May 1971, Battery C, 5th Battalion, 2nd Artillery

5.  Item 38 of his DA Form 20 does not show he was assigned in a patient status at a medical treatment facility at any time during his period of service.

6.  Item 40 (Wounds) of his DA Form 20 is blank.

7.  Item 41 (Award and Decorations) of his DA Form 20 does not show award of the Purple Heart or Silver Star.

8.  There is no evidence in the available record showing he was awarded or recommended for award of the Purple Heart or Silver Star.

9.  There is no evidence in the available record and he has not provided any evidence showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  Additionally, his name does not appear on the Vietnam Casualty Roster.

10.  A 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, failed to reveal any orders for either the Silver Star or the Purple Heart pertaining to the applicant.

11.  On 6 September 1970, the applicant was awarded the Army Commendation Medal with "V" device for heroic actions against an armed hostile force on 15 July 1970; however, there is no mention of him saving a life in his actions.

11.  The applicant provided a copy of his disability rating letter from the Department of Veterans Affairs which shows "small left dorsal wrist scar" among his conditions.

12.  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.

13.  Army Regulation 600-8-22 states that the Silver Star is awarded to members cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart and Silver Star was carefully considered; however, there is insufficient evidence to support his request.

2.  There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.  

3.  Although the applicant contends he saved the life of an individual during an ambush, records show the Army Commendation Medal with "V" device was awarded to him for his heroic actions on 15 July 1970.

4.  There is no evidence in the available record nor did the applicant provide any evidence which shows he was recommended for or awarded the Silver Star.  Therefore, he is not entitled to award of the Silver Star.

5.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.


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)                                         AR20110006214



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ABCMR Record of Proceedings (cont)                                         AR20110006214



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