BOARD DATE:	  15 March 2012

		DOCKET NUMBER:  AR20110018259 


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, 2 Bronze Star Medals,  National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and one Overseas Service Bar.

2.  The applicant states, in effect, he never received the requested medals because his company was in the process of deactivating and returning from Vietnam.  He further states he was told his records were destroyed in a fire and he would now like his children to have the medals that were given to him.  

3.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 29 July 1968.  The applicant completed basic combat and advanced individual training  and he was awarded military occupational specialty 36C (Lineman).  The highest rank/grade he attained while serving on active duty was private first class/E-3.  He served in the Republic of Vietnam from 30 April 1969 to 7 April 1970.

3.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or Bronze Star Medal.

4.  On 7 April 1970, he was honorably released and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* One Overseas Service Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  The applicant's official military personnel file (OMPF) contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.  His OMPF also does not contain orders awarding him either the Purple Heart or the Bronze Star Medal.

6.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is not included on this roster.

7.  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 the Purple Heart or Bronze Star Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-8 contains guidance on the Purple Heart.  It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

9.  Army Regulation 600-8-22 provides the Army's awards policy.  Paragraph     3-14 contains guidance on award of the Bronze Star Medal and states that it is awarded for heroic acts or meritorious achievement or service of a lesser degree than required for the Silver Star.  The regulation requires that this award be recommended, approved by the proper authority, and announced in official orders.

DISCUSSION AND CONCLUSIONS:

1.  The National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and one Overseas Service Bar are resident in his records and on his DD Form 214; therefore, there is no need for relief.

2.  The applicant’s OMPF is void of any orders awarding him the Purple Heart.  In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action.  The member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

3.  The applicant's service in the Republic of Vietnam is not in question.  Additionally, the sincerity of the applicant is also not in question; however, the applicant's record contains no medical treatment records or other documents that confirm the applicant was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam.  The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart.

4.  The applicant's OMPF is void of any orders or other documentation that shows he was ever recommended for or awarded the Bronze Star Medal by proper authority during his military service.  Additionally, he has failed to provide any independent evidence showing he was awarded the Bronze Star Medal while serving on active duty as he asserts.  The Bronze Star Medal is not included in the awards listed on his DA Form 20 or his DD Form 214.  As a result, there is insufficient evidence to support award of the Bronze Star Medal.

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)                                         AR20110018259



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018259



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1