IN THE CASE OF:	

		BOARD DATE:	  14 January 2014

		DOCKET NUMBER:  AR20130008495 


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 Army Commendation Medal.

2.  The applicant states he was told he would receive the Purple Heart by his commanding officer because his arm was hit by concrete fragments while shielding a Soldier from sniper fire.  He further states he was recommended for award of the Army Commendation Medal for initiating and refereeing the company recreational boxing program while serving at Fort Bragg, NC.

3.  The applicant provides:

* self-authored statement
* letter of support from a fellow Soldier, dated 10 August 2012
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* two letters from the U.S. Army Human Resources Command
* letter from the Knoxville Veterans Outpatient Clinic
* associated correspondence to a Member of Congress
* letter from the National Personnel Records Center
* memorandum to the Commanding General, 82d Airborne Division
* 15 pages of DA Forms 1594 (Daily Staff Journal or Duty Officer's Log)
* over 100 pages of DA Forms 1 (Morning Report)
* letter from the American Athletic Union Boxing Commissioner and Golden Gloves Director, dated 5 March 1964


* excerpts from the 82d Airborne Division Power Pack, dated 1965-1966
* 16 photographs

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 8 April 1964.  He completed training and he was awarded military occupational specialty 76K (General Supply Specialist).  He served in the Dominican Republic from 4 May 1965 to 9 August 1966.

3.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or Army Commendation Medal.

4.  On 7 April 1967, he was honorably released from active duty.  He completed 3 years of active service during this period.  The applicant's DD Form 214 does not show award of the Purple Heart or Army Commendation Medal.

5.  The applicant's military records contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.  His military records also do not contain orders awarding him the Purple Heart or the Army Commendation Medal.

6.  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 for the Purple Heart or Army Commendation Medal pertaining to the applicant.



7.  The applicant provided the following documentation in support of his request:

	a.  A letter from a medical doctor board-certified in internal medicine, dated 16 August 2012, states the discolored lesions on the applicant's left arm were not self-inflicted.  He further states the scars (to include the scar on his lip) are from concrete fragments.

	b.  Morning reports for 1st Battalion (Airborne), 504th Infantry Regiment, show an entry on 21 September 1966 identifying the applicant relating to a security clearance issue.  The morning reports fail to provide any information about injuries concerning the applicant.

	c.  A letter from a fellow Soldier states he specifically recalls communication in the orderly room among the staff and medical personnel concerning a firefight with rebel forces in the corridor involving two Soldiers and the applicant.  He further states the applicant received shrapnel wounds to his face and arm from fragments of concrete as the result of small arms fire.  The word around the orderly room was that the Soldiers concerned would be receiving medal recognition for their actions and resultant injuries.

8.  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 to members wounded in action.  In order to award the Purple Heart, there must be evidence 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.

	b.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

9.  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.

10.  The request, along 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 contention that he should be awarded the Purple Heart and Army Commendation Medal was carefully considered.

2.  Notwithstanding the applicant's contention, 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 also 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 Dominican Republic and his sincerity are not in question.  However, his records contain no medical treatment records or other documentation which confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Dominican Republic.  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 him the Purple Heart in this case.

4.  With regard to award of the Army Commendation Medal, the applicant's records do not contain and he did not provide sufficient evidence to show he was ever recommended for award of the Army Commendation Medal.  Although there appears to be insufficient evidence on which to base award of the Army Commendation Medal at this time, 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.  

5.  In view of the foregoing, there is insufficient evidence to support the 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 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)                                         AR20130008495



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ABCMR Record of Proceedings (cont)                                         AR20130008495



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