IN THE CASE OF:	  

		BOARD DATE:  23 May 2012

		DOCKET NUMBER:  AR20110022751 


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 two Purple Hearts and the Distinguished Service Cross.

2.  The applicant states the entry on his DD Form 214 was not correct on 
8 August 1967.  He did not pursue to have the errors corrected as he was too happy to be coming home and getting out of the Army.  He earned these medals in the service of our country but if no records can be found he will not pursue the matter further.

3.  The applicant provides a handwritten account of events, his DD Form 214, and his discharge certificate.

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 was inducted into the Army of the United States on 18 August 1965.  He completed training and was awarded military occupational specialty (MOS) 76A (supply clerk).  He was honorably released from active duty on 10 August 1967.  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4, temporary.

3.  His record shows he served in the Republic of Vietnam from 20 December 1966 to 3 August 1967.  He was assigned to the 175th Engineer Company,
196th Light Infantry Brigade.

4.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

5.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.  There are no general orders in his record that shows he was awarded any Purple Hearts or the Distinguished Service Cross.

6.  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 United States Army Human Resources Command, failed to reveal any orders for any Purple Hearts or the Distinguished Service Cross pertaining to the applicant.

7.  His name is not shown on the Vietnam casualty listing.  His medical records were not available for review.

8.  In his handwritten statement he contends he was awarded two Purple Hearts and the Distinguished Service Cross and that these awards were presented to him in 1967.  He believes his unit, the 196th Brigade, then moved to northern Vietnam near the demilitarized zone (DMZ) in May of 1967.  They set up temporary quarters in tents with no floors.  One night there was a flash flood and his briefcase with all his certificates and records inside was washed away.  He never did find the brief case or any of his other gear.  Many other guys lost their gear and records that night.


9.  He further contends he mailed the medals he received to his parents in rural Seminole, OK.  However, his parents very seldom locked their doors when at home or away and the medals were stolen about a week after his father displayed them on the wall.  Both his parents are now deceased and he never requested to have the medals replaced.

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Distinguished Service Cross is awarded to a person, who while serving in any capacity with the Army, distinguishes himself or herself by extraordinary heroism while engaged in action against an enemy of the United States not justifying award of the Medal of Honor.  The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.   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 an award of the Purple Heart requires the submission of substantiating evidence to verify that he sustained an injury/wound that was the result of hostile action which required treatment by medical personnel, and the medical treatment was made a matter of official record.

2.  There is no evidence of record that shows he was injured as a result of enemy action or friendly fire in the heat of battle.  Additionally, his name is not shown on the Vietnam casualty listing.  Additionally, his DA Form 20 does not show any combat wounds.

3.  In the absence of official documentary evidence to corroborate the events that led to his injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case.


4.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required, for each award requested.  His record is void of a recommendation for award of the Distinguished Service Cross and there are no general orders awarding him the Distinguished Service Cross.

5.  Regrettably, in view of the above his request should be denied.

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)                                         AR20110022751



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110022751



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1