IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120003605
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, in effect, 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 Bronze Star Medal.
2. The applicant states he was wounded on 4 October 1968 and awarded the Purple Heart. His family was notified by the Red Cross that he had received the Purple Heart and Bronze Star Medal. Evidently, he was awarded the Army Commendation Medal with "V" Device on 22 April 1969. He was not aware of this until he found it in his file while submitting a disability claim.
3. The applicant provides:
* DD Form 214
* Red Cross card
* General Orders (GO) Number 224 (Purple Heart)
* GO Number 646 (Army Commendation Medal with "V" Device)
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 records show he enlisted in the Regular Army on 6 September 1966 and he held military occupational specialty 11F (Infantry Operations and Intelligence Specialist).
3. He was honorably discharged on 16 August 1967 to accept a commission. His DD Form 214 for this period of service shows award of the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar
(M-14).
4. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office with concurrent call to active duty on 17 August 1967.
5. He served in Vietnam from 27 July 1968 to 19 May 1969. He was assigned to Company C, 5th Battalion, 12th Infantry, 199th Infantry Brigade. While in Vietnam:
* GO Number 224 issued by Headquarters, 3rd Field Hospital, on 5 October 1968 awarded him the Purple Heart for wounds received in action on 4 October 1968
* GO Number 646 issued by Headquarters, 199th Infantry Brigade, on 22 April 1969, awarded him the Army Commendation Medal with "V" Device for heroism on 4 October 1968
6. He was honorably released from active duty on 28 May 1969. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart
* Republic of Vietnam Campaign Medal
* Army Commendation Medal with "V" Device
7. His records do not contain orders showing he was awarded the Bronze Star Medal. Additionally, item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) does not show award of the Bronze Star Medal.
8. 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 Bronze Star Medal.
9. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Purple Heart for wounds received in action on 4 October 1968 which is already shown on his DD Form 214; therefore, no corrective action is required.
2. With respect to the Bronze Star Medal, there is no evidence in the available records that shows he was recommended for or awarded the Bronze Star Medal. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendations, approval through the chain of command, and announcement in orders are required. In the absence of orders, there is insufficient evidence to correct his records to show this award.
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) AR20120003605
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ABCMR Record of Proceedings (cont) AR20120003605
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