IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130007571
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. The applicant states he was awarded these medals and has them. However, there are no orders in his military records and the medals are not listed on his
DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 24 March 1969, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 67N (UH-1 Helicopter Repairman).
3. On 28 July 1970, the applicant departed Fort Stewart, GA, for duty in the Republic of Vietnam (RVN). He was subsequently assigned to the 71st Aviation Company. He initially performed duty as an aircraft engine repairman and later as a crew chief.
4. On or about 3 October 1971, the applicant departed the RVN and returned to the United States.
5. On 6 October 1971, the applicant was released from active duty. His
DD Form 214 shows that he attained the rank of specialist five, pay grade E-5 and had completed 2 years, 6 months, and 13 days of creditable active duty service. His awards are listed as the:
* National Defense Service Medal
* Vietnam Service Medal
* Distinguished Flying Cross
* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Air Medal
* Aircraft Crewman Badge
6. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) is blank.
7. The applicants name is not listed on the Vietnam Casualty Roster.
8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart or the Bronze Star Medal. ADCARS is 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.
9. Army Regulation 600-8-22 (Military Awards) states:
a. The Purple Heart is authorized for award to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, 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, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged n 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. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart and the Bronze Star Medal.
2. There are no general orders available that show the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster and there is no indication in his military records showing that he was ever wounded as a result of enemy action, or that any such wound had required medical treatment.
3. There are no available general orders announcing award of the Bronze Star Medal to the applicant.
4. In view of the above, the applicant's request should be denied.
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) AR20130007571
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ABCMR Record of Proceedings (cont) AR20130007571
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