IN THE CASE OF:	  

		BOARD DATE:	  30 April 2013

		DOCKET NUMBER:  AR20120018490 


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 add the Purple Heart and the Bronze Star Medal.

2.  The applicant states, in effect, he was wounded in Vietnam on 22 May 1970 and he has an official document showing he is entitled to the Purple Heart.  He also has a document showing he received the Bronze Star Medal.  These awards were omitted from his DD Form 214.  The Department of Veterans Affairs (VA) Medical Center would not accept his Purple Heart because it was not listed on his DD Form 214.  As a result he has been moved from priority 3 eligibility to priority 5 eligibility which is much more expensive.

3.  The applicant provides:

* Certificate and citation for award of the Bronze Star Medal
* Official Statement, dated 14 July 1971
* DD Form 214 
* Letter from the VA, dated 12 September 2012
* VA Form 21-4138 (Statement in Support of Claim), dated 24 September 2012





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 27 January 1969 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 20 June 1969 to 19 June 1970 and he was assigned to Company D, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade.

3.  His record contains an unsigned official statement furnished on 14 July 1971 which states official records show he is entitled to award of the Purple Heart for wounds he sustained in action on 22 May 1970.  However, other than this statement there is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart.  There is nothing in six typical sources that shows he was wounded/injured as a result of hostile action:

	a. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	b.  Item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart among his awards.

   c.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.
	d.  His name is not shown on the Vietnam casualty listing.  This is a Microfiche Listing of Vietnam Era Casualties that is used to verify entitlement to the Purple Heart. 

	e.  His record does not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound.  This was the proper notification of injuries at the time. 

4.  There is no evidence of record in the three typical sources showing he was awarded the Bronze Star Medal:

	a. Item 41 of his DA Form 20 does not list the Bronze Star Medal among his awards.

   b.  His record does not contain official orders awarding him the Bronze Star Medal.

	c.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the HRC, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him.

5.  He was honorably released from active duty on 26 January 1971.  His DD Form 214 does not show award of the Purple Heart or Bronze Star Medal. 

6.  He provided a citation and certificate for award of the Bronze Star Medal which show the Bronze Star Medal was awarded for the period June 1969 to June 1970 for achievement.  Neither document lists the specific actions or the unit he was assigned to during the period of the award.  

7.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that 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.  

	b.  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.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

2.  The unsigned memorandum in the applicant’s record is insufficient by itself to confirm award of the Purple Heart.  His service record is void of any evidence that shows he was wounded or injured as a result of combat.  His name is not listed on the Vietnam casualty listing, his record does not reflect a combat injury or treatment, and his available service record does not contain orders or award of the Purple Heart.  Therefore, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds there is insufficient evidence to show he was awarded the Purple Heart.

3.  There is also insufficient evidence in the available record to shows he was awarded the Bronze Star Medal.  The citation and certificate he provided are insufficient to confirm this award.  The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.

4.  The ABCMR does not grant requests for the correction of records solely for the purpose of making an applicant eligible for veterans or other benefits.  Every case is individually decided based upon its merits when an applicant requests a correction to his military record.

5.  In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis for granting the applicant's requested relief at this time.

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 record 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)                                         AR20120018490



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ABCMR Record of Proceedings (cont)                                         AR20120018490



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