IN THE CASE OF:	  

		BOARD DATE:	  19 October 2011

		DOCKET NUMBER:  AR20110006674 


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 award of the Silver Star, Purple Heart, and Air Medal.

2.  The applicant states he received injuries in the Republic of Vietnam (RVN) between February and June 1968 and should be awarded the Purple Heart.  He states that he was awarded the Silver Star for pulling out five or six Soldiers from a hot landing zone; and, had exceeded 100 air assault missions for award of the Air Medal.  He also contends that he never really looked at his DD Form 214 to discover these discrepancies.  A neighbor and friend whom had also served in the RVN brought this to his attention.

3.  The applicant provides a copy of 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.  On 12 August 1968, the applicant requested the addition of the Silver Star, Air Medal, Bronze Star Medal, and the RVN Campaign Medal to his separation papers.  The Office of The Adjutant General, Army Records Center, located in St. Louis, Missouri, informed the applicant by letter dated 25 October 1968, that a DD Form 215 (Correction to DD Form 214) was issued adding the Air Medal and the RVN Campaign Medal with 1960 Device to his DD Form 214.  He was also informed that there was no record showing that he had been awarded the Silver Star or the Bronze Star Medal.  He was advised that if he had copies of orders authorizing either of these decorations, he should provide them for further consideration.

3.  Based on the DD Form 215 mentioned above, issues concerning the award of Air Medal will not be further discussed in these proceedings.  The remaining issues concerning the Silver Star and Purple Heart will be discussed below.

4.  On 21 June 1965, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

5.  On 23 November 1965, the applicant departed Fort Benning, Georgia for duty in the RVN.

	a.  On 6 December 1965, he was assigned as a rifleman and later a squad leader in Company B, 1st Battalion, 12th Cavalry (Airborne), 1st Cavalry Division.

	b.  On 17 November 1966, he departed the RVN for duty with  company c, 1st Battalion (Airborne), 505th Infantry Regiment at Fort Bragg, North Carolina.

6.  On 14 February 1968, the applicant arrived in the RVN with his unit.  He served as a team leader in the RVN until his departure on or about 24 May 1968.

7.  On 3 June 1968, the applicant was released from active duty.  He had attained the rank of staff sergeant, pay grade E-6 and had completed 2 years, 
11 months and 12 days of creditable active duty service.




8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by DD Form 215 lists his awards as:

* Parachutist Badge
* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
*  Air Medal
* RVN Campaign Medal with 1960 Device  

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.

10.  The applicant’s Enlisted Qualification Record (DA Form 20) shows in:

	a.  Item 40 (Wounds): No entry; and

	b.  Item 41 (Awards and Decorations): Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, National Defense Service Medal, and the RVN Campaign Medal.

11.  The applicant's service medical records are not available for review, except for his separation medical examination.

	a.  Standard Form (SF) 89 (Report of Medical History) completed and signed by the applicant with a date of 27 May 1968 shows that he stated he was wounded in the right hand in March 1968, and makes reference to his unit's aid station.

	b.  SF 88 (Report of Medical Examination) dated 27 May 1968 makes no mention of any wound to his right hand.

12.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Silver Star or Purple Heart.  ADCARS is 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.

13.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

14.  Army Regulation 600-8-22 provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Silver Star and Purple Heart due to injuries received while in the RVN during February to June 1968.

2.  There are no general orders showing the applicant was awarded the Silver Star.  Should he have, or be able to obtain, a copy of the orders awarding him the Silver Star, or be able to provide other evidence to corroborate this award, he may submit another application for consideration.

3.  While the available evidence is insufficient for awarding the applicant a Silver Star this in no way affects the applicant’s right to pursue his claim for the medal by submitting a request through his/her Member of Congress under the provisions of 10 USC 1130."

4.  There are no available general orders awarding the applicant the Purple Heart.  The Vietnam Casualty Roster does not contain the applicant's name.  The applicant's DA Form 20 does not indicate he received any wounds while in action.  The applicant has not provided substantiating evidence to support his contention that he was wounded as a result of enemy action.

5.  There is no available evidence to corroborate the applicant's SF 89 indicating that he had been wounded in his right hand.  Furthermore, the entry on the SF 89 does not provide the circumstances surrounding the alleged wounding.

6.  In view of the above, the applicant's 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)                                         AR20110006674





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ABCMR Record of Proceedings (cont)                                         AR20110006674



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