IN THE CASE OF:	  

		BOARD DATE:	  17 July 2012

		DOCKET NUMBER:  AR20120001818 


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 (PH) and the Air Medal (AM).  

2.  The applicant states no paperwork was ever done to award him the PH based on his having received a piece of shrapnel in his chin or the AM.

3.  The applicant provides a self-authored letter in support of his request.

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 was inducted into the Army of the United States on
16 November 1967.  He was trained in and awarded military occupational 


specialty (MOS) 11C (Infantry Indirect Fire Crewman).  He was promoted to specialist four (SP4)/E-4 on 12 August 1968 and this is the highest rank/grade he attained during his military service.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 3 May 1968 to 20 June 1969.  Item 40 (Wounds) is blank, and the PH and AM are not included in the list of awards entered in item 41 (Awards and Decorations).  His record is void of any orders or other documents indicating he was ever awarded the PH and/or the AM by proper authority while serving on active duty.  It is also void of any documents showing he was wounded in action in the RVN or that he was ever treated for a combat-related wound by medical personnel while serving in the RVN.

4.  On 21 June 1969, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 7 months, and 6 days of total active service.  The DD Form 214 he was issued shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal 
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge

5.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.

6.  Review of the 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 U.S. Army Human Resources Command, failed to reveal any award of the PH or AM pertaining to the applicant.

7.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the PH is awarded to members wounded in action.  It also states that in order to be awarded the PH 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 medical personnel, and a record of the medical treatment was made a matter of official record

	b.  the AM 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.  In order to support award of the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action; that it required treatment by medical personnel; and a record of the medical treatment must have been made a matter of official record. 

2.  The applicant's record is void of any entries or documents corroborating his claim that he was wounded in action in the RVN or that show he was ever treated for a combat-related wound by medical personnel while serving in the RVN.  Item 40 of his DA Form 20 is blank which indicates he was not wounded in action and the PH is not included in the list of awards contained in item 41.

3.  Furthermore, there is no entry pertaining to the applicant on the Vietnam casualty listing, the official DA list of RVN casualties.  Absent any evidence of record corroborating the applicant's claim that he was wounded in action in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.

4.  By regulation, the AM must be formally recommended and processed through the chain of command, approved by the proper authority, and announced in official orders.  The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the AM by proper authority during his active duty tenure and there are no AM orders for the applicant contained in ADCARS.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.


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)                                         AR20120001818



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ABCMR Record of Proceedings (cont)                                         AR20120001818



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