IN THE CASE OF:	  

		BOARD DATE:  8 March 2012

		DOCKET NUMBER:  AR20110017020 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show the awards of the Purple Heart and the Combat Action Badge.

2.  He states his platoon leader was killed and he was treated the following day at the battalion headquarters for his gunshot wound, which occurred during the same incident.  His unit moved often and paperwork was often lost.  He did not receive his Purple Heart medal until about 10 years after he was separated from the Army. 

3.  He provides his DD Form 214, a Distinguished Service Cross citation for a second lieutenant, and a DA Form 1577 (Authorization for Issuance of Awards). 

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.  His military records show he was inducted into the Army on 11 October 1966.  He was awarded the military occupational specialties (MOS's) of pioneer and combat engineer and was promoted to the rank of specialist four/pay grade E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a pioneer, a combat construction specialist, and a heavy dump truck driver while he was assigned to Company A, 35th Engineer Battalion during his tour of duty in the Republic of Vietnam from 3 April 1967 to 18 March 1968.

4.  He was honorably released from active duty on 16 August 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completion of 1 year, 10 months, and 6 days of active service.

5.  His DD Form 214 does not list the Purple Heart. 

6.  Item 40 (Wounds) of his DA Form 20 is blank.  Item 41 (Awards and Decorations) does not list the Purple Heart.

7.  The Vietnam casualty list does not contain his name.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 award of the Purple Heart pertaining to the applicant.

9.  A photocopy of a medical document showing symptoms, diagnosis, treatment, and treating organization shows he was treated for a superficial wound to his left lateral thigh one-half by one and one-half centimeters.  The document shows on 12 October 1967, a check was done on the superficial wound.  No dressing was applied and the wound was doing fine.  There is no indication how he incurred this wound.  His complete medical records are not available for review.

10.  He provided a copy of a Distinguished Service Cross citation for a second lieutenant for whom he contends he was the driver at the time of the incident for which the Purple Heart was given. 

11.  He provided a DA Form 1577, dated 23 July 1984, showing the Reserve Components Personnel and Administration Center (RCPAC) authorized the issuance of the Purple Heart medal to the applicant.  However, the basis for this determination is unknown.  

12.  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.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  His available medical records show he was treated for a superficial wound in October 1967.  However, there is no evidence in his available military records and he has provided insufficient corroborating evidence to show he was injured as a result of hostile action.

2.  His DA Form 20 does not show he was wounded and his name is not listed on the Vietnam casualty listing.

3.  A DA Form 1577 shows RCPAC determined he was authorized the issuance of the Purple Heart medal.  However, the basis for this determination is unknown.  As such, in the absence of evidence to show he was wounded or injured as a result of hostile action and treated for such wounds, there is insufficient evidence upon which to base award of the Purple Heart.

4.  The Combat Action Badge was not authorized during his tenure of service.  Therefore, he is not entitled to this award.



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)                                         AR20110017020



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ABCMR Record of Proceedings (cont)                                         AR20110017020



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