IN THE CASE OF:
BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003520
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 award of the Purple Heart and the Bronze Star Medal.
2. He states the awards were omitted from his DD Form 214.
3. He provides:
* DD Form 214
* Purple Heart Certificate
* Bronze Star Medal 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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.
3. His military records show he was inducted into the Army of the United States on 23 February 1966. He was awarded the military occupational specialty of 11C (Indirect Fire Crewman).
4. He was honorably released from active duty on 23 February 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed a total of 1 year, 11 months, and 29 days of active service.
5. His DD Form 214 does not show award of the Purple Heart or Bronze Star Medal.
6. He provides copies of a Purple Heart Certificate, dated 27 February 1967, showing he was awarded the Purple Heart for wounds received in action on 26 February 1967 and a Bronze Star Medal Certificate, dated 5 October 1968, showing he was awarded the Bronze Star Medal for meritorious achievement in connection with ground operations against a hostile force in the Republic of Vietnam during the period 31 July 1966 to 1 August 1967.
7. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Purple Heart or Bronze Star Medal by proper authority.
8. His name does not appear on the Vietnam casualty list.
9. 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.
10. 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 medical personnel, and the medical treatment must have been made a matter of official record.
11. Army Regulation 600-8-22 states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of award of the Purple Heart other than the certificate submitted by the applicant.
2. His name did not appear on the Vietnam casualty list. In the absence of orders or evidence to show he was wounded or injured as a result of hostile action, treated for such wound/injury, and the injury/wound was made a matter of official record, there is insufficient evidence upon which to base award of the Purple Heart. As a result, the regulatory burden of proof necessary to support adding award of the Purple Heart to his DD Form 214 has not been satisfied in this case.
3. There is no evidence of award of the Bronze Star Medal other than the certificate submitted by the applicant. Since there are no orders or corroborating evidence to show he was awarded the Bronze Star Medal, there is an insufficient basis for adding this award to his DD Form 214.
4. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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) AR20120003520
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ABCMR Record of Proceedings (cont) AR20120003520
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