IN THE CASE OF:	  

		BOARD DATE:  16 October 2012

		DOCKET NUMBER:  AR20120006362 


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 and an undetermined award for valor or a meritorious act which he believes he was recommended for and never received.

2.  The applicant states he was told by his first sergeant and the officer in charge of the convoy operation that he would be recommended for a valor award for saving his crew while in combat.  In addition, he was also told he would be awarded the Purple Heart for receiving a slight wound to his left wrist during a combat incident sometime in April or May 1968 while serving in the Republic of Vietnam with the 597th Transportation Company.

3.  The applicant provides a self-authored statement and two email messages from a former Soldier who served with the applicant in the 597th Transportation Company.

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 enlisted in the Regular Army on 18 September 1967.  He completed training and performed duties in military occupational specialty 67N (Crew Chief).  The highest rank/grade he attained while serving on active duty was specialist five/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 11 March 1968 through 6 March 1969.  He was assigned to the 597th Transportation Company and later to the 335th Assault Helicopter Company.  Item 40 (Wounds) is blank.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or an award for valor.

4.  On 22 June 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Air Medal

5.  The applicant's Army Military Human Resource Record contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.

6.  The applicant's name is not included on the Vietnam casualty roster.

7.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the Purple Heart or an award for valor.

8.  The applicant provides two email messages, dated January 2007, from a former Soldier who claims to have been in an ambush with the applicant while they were assigned to the 597th Transportation Company in Phu Tai, Republic of Vietnam.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8, contains guidance for award of the Purple Heart.  It states the Purple Heart is awarded to members wounded in action.  In order to award the Purple Heart, there must be evidence that the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.

10.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The applicant's unit must be clearly identified along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered.  It was determined that there is insufficient evidence to support this request.

2.  In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action.  The wound must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

3.  The applicant's service in the Republic of Vietnam and his sincerity are not in question.  However, his record contains no medical treatment records or other documents which confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam.  The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart.

4.  With regard to the applicant's claim that he was recommended for an award for valor or a meritorious act, the applicant's records do not contain nor did he provide evidence which shows he was ever recommended for or awarded an award for valor or a meritorious act.  Although there is insufficient evidence on which to base an award for valor or meritorious act, this in no way precludes his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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)                                         AR20120006362



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ABCMR Record of Proceedings (cont)                                         AR20120006362



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