BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20110024689 


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 he be awarded the Purple Heart and the Air Medal and that his award of the Bronze star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that he should have been awarded the Purple Heart for an injury he sustained during an operation in Vietnam with the 2d Battalion, 18th Infantry Regiment.  He further states that he should have been awarded the Air Medal for all of the assaults he participated in with the 1st Battalion, 7th Artillery Regiment.  Additionally, he states that his award of the BSM should be added to his DD Form 214.

3.  The applicant provides no additional documents with 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 enlisted in the Regular Army on 18 February 1966 for a period of 3 years.  He completed his training as a field artillery operations and intelligence assistant at Fort Sill, Oklahoma and was transferred to Vietnam on 28 June 1967.

3.  The applicant was honorably discharged on 14 January 1969 for the purpose of immediate reenlistment.  His DD Form 214 issued at the time of his discharge shows that he was awarded the Vietnam Service Medal, National Defense Service Medal, and the Republic of Vietnam Campaign Medal.  He reenlisted on 15 January 1969 and departed Vietnam on 27 January 1969 for assignment to Fort Sill.  He was advanced to the rank of corporal on 22 November 1969 and remained at Fort Sill until he was transferred to Germany on 15 December 1970.

4.  On 21 January 1971, he again reenlisted for a period of 3 years and assignment back to Vietnam.  He departed Germany on 9 February 1971 and was transferred to Vietnam on 6 March 1971.

5.  On 2 October 1971, he departed Vietnam for Fort Lewis, Washington where he was honorably discharged on 4 October 1971, due to hardship.  He had served 5 years, 7 months, and 7 days of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the National Defense Service Medal and the BSM. 

6.  Inasmuch as the applicant’s award of the BSM is already reflected on his DD Form 214, no further action is required in that matter and it will not be further discussed in these proceedings.

7.  A review of the applicant’s official records and a search 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 orders awarding the applicant the Purple Heart or the Air Medal. There is also no evidence to show that he sustained any injuries or was treated for any injuries that would qualify for award of the Purple Heart.

8.  A review of the applicant’s records also show no indication in the form of flight records or other similar documents that reflect that the applicant participated in aerial flights that qualified for award of the Air Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides that 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 a medical officer, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 600-8-22 states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units
involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he should be awarded the Purple Heart and the Air Medal is not in doubt, there does not appear to be any evidence to support his contentions. 

2.  The evidence of record does not contain and the applicant has not provided any evidence to show that he is entitled to awards of the Purple Heart and Air Medal.  The applicant does not indicate what his injury was, and there is no evidence to show that he was treated for any wounds or injuries while in Vietnam that were the result of enemy action. 

3.  Therefore, in the absence of such evidence there appears to be no basis to award him these medals at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  _____x___  ____x_  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.





      _______ _   __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)                                         AR20110024689





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ABCMR Record of Proceedings (cont)                                         AR20110024689



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