BOARD DATE:	    22 December 2011

		DOCKET NUMBER:  AR20110014076 


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 awards of the Purple Heart and Bronze Star Medal with "V" Device.

2.  The applicant states he received shrapnel wounds to his face, stomach, and legs on 22 July 1970 and was awarded the Purple Heart while in Vietnam.  He was also awarded the Bronze Star Medal with "V" Device for his actions on       22 through 23 July 1970, but neither award is reflected on his DD Form 214.

3.  The applicant provides his DD Form 214, dated 11 September 1970, and award orders.

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 records show he was inducted into the Army of the United States on 15 July 1969 and held military occupational specialty 43E (Parachute Rigger).  He was discharged on 11 September 1970, while in Vietnam, for the purpose of immediate enlistment in the Regular Army.  

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for this period of service does not show the Purple Heart or Bronze Star Medal with "V" Device.

4.  He served in Vietnam while assigned to the 426th Support and Service Battalion, 101st Airborne Division, from 14 May 1970 to 13 April 1971.

5.  He enlisted in the Regular Army on 12 September 1970.  He was honorably released from active duty on 25 August 1973 and he was transferred to the U.S. Army Reserve.  He completed a total of 4 years and 22 days of creditable active service.

6.  Item 24 of the DD Form 214 he was issued for this period of service shows award of the Bronze Star Medal with "V" Device.  It does not show award of the Purple Heart.

7.  There are no orders in his records showing award of the Purple Heart.  

8.  His record is void of a DA Form 20 (Enlisted Qualification Record).

9.  There is no medical evidence in his available record that shows he was wounded as a result of hostile action while in an active duty status.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.

11.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing failed to show his name as a casualty.

12.  The applicant provides General Orders Number 11064, dated 17 September 1970, issued by Headquarters, 101st Airborne Division, Vietnam, wherein he was awarded the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in Vietnam on 22 through 23 July 1970.  The citation for these orders does not show that he was wounded in action during this combat action.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as the result of hostile action, the wound/injury must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  There is no evidence in the applicant’s records and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record.  

3.  Notwithstanding the applicant's sincerity, in the absence of documentary evidence, there is no basis for granting his request for correction of his DD Form 214 to show award of the Purple Heart.

4.  The evidence of record confirms that the Bronze Star Medal with "V" Device is correctly shown on the applicant's DD Form 214 for the period ending 25 August 1973.  A copy of this DD Form 214 will be provided to him.

5.  The applicant and all others concerned should know that 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 and his heroism in combat.




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)                                         AR20110014076





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ABCMR Record of Proceedings (cont)                                         AR20110014076



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