BOARD DATE:	 12 January 2012 

		DOCKET NUMBER:  AR20110013297 


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 (Certificate of Release or Discharge from Active Duty) by adding the Purple Heart (PH), Bronze Star Medal (BSM) with “V” (Valor) Device, and a 2nd Award of the Air Medal (AM).  

2.  The applicant states a DD Form 215 (Correction to DD Form 214) should be issued including the awards in question.  

3.  The applicant provides his DD Form 214, Officer Record Brief (ORB), and AM with “V” Device orders in support of his application.  

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 initially entered active duty in an enlisted status on 18 December 1962, and continuously served in this status through 
7 February 1971, at which time he was honorably discharged for the purpose of accepting a warrant officer appointment.  On 8 February 1971, he was appointed a warrant officer one (WO1) in the U.S. Army Reserve and entered active duty in that status.  He continued to serve through 31 December 1982, at which time he was honorably retired, in the rank of chief warrant officer three (CW3), after completing a total of 20 years and 13 days of active military service. 

3.  The DD Form 214 the applicant was issued upon retirement on 31 December 1982 shows he earned the following awards in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal 
* Parachutist Badge
* Vietnam Service Medal 
* RVN Campaign Medal
* Armed Forces Expeditionary Medal
* Senior Aviator Badge
* Army Good Conduct Medal (2nd Award)
* Valorous Unit Award
* Army Commendation Medal with 1st Oak Leaf Cluster (2nd Award)
* Air Medal with “V” Device Numeral 22 (22nd Award)
* Bronze Star Medal 
* Army Service Ribbon
* Overseas Service Ribbon (2)
* RVN Gallantry Cross with Bronze Star
* RVN Gallantry Cross with Palm
* Marksman Marksmanship Qualification Badge with Pistol Bar
* Meritorious Service Medal with 1st Oak Leaf Cluster (2nd Award)

4.  The record shows the applicant completed two tours of duty in the Republic of Vietnam (RVN), from 2 June 1966 through 29 April 1967 and from 29 April 1971 through 17 March 1972.  The applicant’s record shows that during his initial tour of duty in the RVN, which he served in an enlisted status, he was assigned to the 41st and 43rd Signal Battalions, performing duties in military occupational specialty (MOS) 31U as general crypto repairer.  During his second tour, which he completed as a warrant officer, he was assigned to 3rd Battalion, 17th Cavalry Regiment, 1st Aviation Brigade, performing duties as a helicopter pilot.  


5.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of orders awarding the PH or BSM with “V” Device.  It is also void of medical treatment records showing the applicant was treated for a wound received as a result of hostile action while serving in the RVN.  

6.  The applicant provides a partial PH order with no page one identifying the issuing headquarters that indicates he was awarded the PH for being wounded in action in the RVN on 17 November 1971.  He also provides an ORB that lists the BSM with “V” Device and PH in Section VIII (Awards and Decorations).  He fails to provide documentary evidence related to award of the BSM with “V” Device or a PH, or medical treatment records confirming treatment for a combat-related wound.  

7.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army Vietnam Casualty Roster.  There was no entry pertaining to the applicant on this roster.  

8.  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, was also completed.  There were no orders for the PH or BSM with “V” Device pertaining to the applicant on this system.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the PH, BSM with “V” Device and a second AM to his DD Form 214 has been carefully considered.  However, there is insufficient evidence to support this claim.  The applicant is advised that his current DD Form 214 already documents 22 awards of the AM; therefore, there is no need to add a second AM to the document.    

2.  Although there are record entries indicating the applicant was awarded the PH and BSM with “V” Device, there is no documentary evidence of record supporting these entries or that verify his eligibility for these awards.  The MPRJ is void of PH and/or BSM with “V” Device orders, and there are no medical treatment records on file confirming he was treated for a combat-related wound while serving on active duty.  

3.  Further, the applicant’s name is not included on the Vietnam Casualty Roster and ADCARS contains no PH or BSM with “V” Device orders for the applicant.  As a result, absent any documentary evidence of record or independent evidence provided by the applicant corroborating his claim that he was awarded PH and BSM with “V” Device by proper authority while serving on active duty, there is an insufficient evidentiary basis to support granting the requested relief. 

4.  The applicant is advised that if he can provide medical treatment records confirming he was treated for a wound received as a result of enemy action, or a complete copy of the partial PH orders he submitted, or other documents corroborating the information on the partial order he provided, he may resubmit his request for the PH.  

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)                                         AR20110013297



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ABCMR Record of Proceedings (cont)                                         AR20110013297



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