BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110006775 


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 award of the Purple Heart and Bronze Star Medal.

2.  He states he was:

* wounded from mortar shrapnel while he was recovering bodies at a crash site of a helicopter in Kien Hoa Province on 20 July 1970
* never given a Purple Heart
* informed that head injuries in combat warrant a Purple Heart
* told he was recommended for a Bronze Star Medal, but he never received it

3.  He provides a picture of his head injury and letters from his former commanding officers in regard to the incident.

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 enlisted in the Regular Army on 2 July 1969.  He arrived in Vietnam on 1 June 1970.

3.  In a letter of commendation, dated 7 July 1970, his commanding officer commended him for his ability and fearless actions in the recovery of the bodies and equipment from the crash site of a helicopter in Kien Hoa Province during the afternoon and night of 20 June 1970.  This letter did not indicate the applicant was wounded in action.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments) – no record of being hospitalized in a patient status at any time
* item 40 (Wounds) – no entries [blank]
* item 41 (Awards and Decorations) – no award of the Purple Heart or Bronze Star Medal

5.  He departed Vietnam on 16 January 1972.

6.  His service record does not contain orders that show he was awarded the Purple Heart or the Bronze Star Medal or medical documentation that shows he was wounded as a result of hostile action in Vietnam.  The Vietnam casualty roster does not list his name.

7.  His record contains a Standard Form 88 (Report of Medical Examination) that shows he underwent a physical examination on 17 January 1972 for the purpose of separation.  The clinical evaluation did not identify any abnormalities on his head, face, neck, or scalp.

8.  He was honorably released from active duty on 17 January 1972.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart or Bronze Star Medal.

9.  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 the Purple Heart or Bronze Star Medal pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.

	b.  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 in 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.

11.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded from mortar shrapnel while he was recovering bodies at a crash site of a helicopter in Kien Hoa Province on 20 July 1970 and he was never given a Purple Heart.  His letter of commendation from his former commanding officer was noted.

2.  However, no medical documentation is available which shows he was wounded as a result of hostile action.  His name is not listed on the Vietnam casualty roster.

3.  By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.  In the absence of evidence of record which shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to base award of the Purple Heart in this case.

4.  The applicant also contends he was told he was recommended for award of the Bronze Star Medal.  However, his service record is void of evidence and he has not provided any evidence that shows he was recommended for or awarded the Bronze Star Medal.  A review of ADCARS failed to reveal any orders for award of any Bronze Star Medal pertaining to the applicant.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

5.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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 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)                                         AR20110006775



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ABCMR Record of Proceedings (cont)                                         AR20110006775



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