IN THE CASE OF:	  

		BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130005215 


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 Bronze Star Medal.

2.  The applicant states:

* he volunteered to serve in Vietnam for 4 years and was told things that were not true
* he never worked in his military occupational specialty (MOS) the 4 years he was in the service
* he was told his MOS would be changed because he worked with the scout dogs on patrols for the 59th Scout Dogs
* he was told once he returned to the United States he would receive the Combat Infantryman Badge, his MOS would be changed, and he would receive orders for his Bronze Star Medal, Purple Heart, and Army Commendation Medal
* the only thing he received was to be spit on by protestors in Oakland, CA
* he was a supply technician at Aberdeen Proving Grounds, MD
* he did not care about his awards when he got out of the service

3.  The applicant provides:

* a self-authored statement 
* two self-authored letters
* Letter from the U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 15 November 2012
* Letter from the National Personnel Records Center (NPRC), St. Louis, MO, dated 13 February 2013
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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.  On 23 December 1969, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).

3.  He was honorably discharged on 24 August 1970.  His DD Form 214 for this period of service shows he was awarded the National Defense Service Medal.

4.  On 25 August 1970, he reenlisted for a 3-year period and for an assignment in Vietnam.

5.  A DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he served in Germany from 6 July through 11 September 1970 and in Vietnam for the period 6 November 1970 through 9 November 1971.

6.  While in Vietnam, he was assigned to the 41st Signal Battalion.

7.  His Standard Form 93 (Report of Medical History), dated 14 August 1973, does not show any injuries.

8.  On 24 August 1973, the applicant was honorably released from active duty.  His DD Form 214 for this period of service does not show award of the Purple Heart or Bronze Star Medal.

9.  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 or Bronze Star Medal.  There is nothing in the typical sources below that show he was wounded and/or injured as a result of hostile action:

	a.  Item 38 (Record of Assignments) of his DA Form 20 does not show he was ever in a patient status.

	b.  Item 40 (Wounds) of his DA Form 20 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.

	c.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, 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 or Bronze Star Medal pertaining to him.

	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.

10.  The applicant provides a self-authored statement and two letters in which he requested award of the Purple Heart and Bronze Star Medal.  He also provides letters from the NPRC and HRC advising him they were unable to verify his entitlement to the Purple Heart and Bronze Star Medal.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

   a.  The Purple Heart is awarded for a wound sustained in action against an enemy or 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.
   
   
   
   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.

12.  Title 10 of the U.S. Code, section 1130 (10 USC 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.

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

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.  The available records do not contain such substantiating evidence.

2.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects the applicant’s right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  In the absence of orders or any other corroborating documents, 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)                                         AR20130005215



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ABCMR Record of Proceedings (cont)                                         AR20130005215



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