IN THE CASE OF:	  

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130014273 


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 two awards of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Separation or Discharge) to show the two awards and the Bronze Star Medal.  

2.  The applicant states:

	a.  He was awarded the Bronze Star Medal as shown on the certificate and citation he provides but the award is not shown on his DD Form 214.  Upon gathering documentation for a Department of Veterans Affairs disability claim, he noticed the award is missing.  Additionally, he was wounded on two separate occasions, 31 March 1970 and 17 June 1970.  

	b.  The first injury occurred when his squad was pulling outside perimeter duty at the Qui Nhon ammunition dump on 31 March 1970 when three sappers tried to penetrate the compound and were killed by local forces that had inside security with dog teams.  The compound was on full alert for 14 hours.  They were pulling security duty at the opposite end of a compound inside an area of 1000 yards and while checking on his men while flare activity and small arms fire was going on, he stepped into an old mortar round hole and had an ankle and knee injury.  He continued working for about 4 days with the injury until the swelling got so bad that he could not walk or put his socks/shoe on.  He was transported to the 67th Evacuation Hospital to have his leg checked and he was hospitalized for 5 days before cast could be placed on his ankle and knee.  The cast was thigh high to keep him from putting any weight on either the ankle or the knee.  The cast was broken and the knee was strained.  He was sent back to Camp Granite with crutches and a walking cast which he was not to use unless it was necessary.  

	c.  In June 1970, Camp Granite came under attack with B40 rockets and he was injured again.  The B40 rocket blast (concussion) picked him up and threw him into a steel ammunition container and he was knocked out.  He had a concussion, ear/hearing problems, and abrasions, and he had to have his cast replaced with a walking cast.  He was seen by the field medics that night and transported to the 67th Evacuation Hospital for observation by medical staff.  After being checked and the cast replaced, he was sent back to Camp Granite with a bag full of pills and a list of probable health occurrences that would occur when he got older.  

3.  The applicant provides:

* Certificate and citation showing award of the Bronze Star Medal
* A document in the form of a narrative to accompany an award
* Page 16 of what appears to be an after action report
* Letter of recommendation

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 was inducted into the Army of the United States on 4 November 1968.  He was discharged 3 days later for the purpose of immediate enlistment in the Regular Army. 

3.  He enlisted in the Regular Army on 7 November 1968 and he was trained in and held military occupational specialties (MOS) 76P (Stock Control and Accounting Specialist) and 76Q (Special Purpose Equipment Supply Specialist).  

4.  He served in Vietnam from on or about 4 September 1969 to on or about 12 August 1970.  He was assigned in MOS/to:

* MOS 11B (Light Weapons Infantryman), security guard, Headquarters and Headquarters Detachment, U.S. Army Support Command, Qui Nhon, from 8 September 1969 to 13 November 1969
* MOS 71H (Personnel Specialist), 527th Personnel Service Company, from 14 November 1969 to 12 August 1970 

5.  He was honorably released from active duty on 15 August 1970 and he was assigned to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  

6.  His DD Form 214 lists awards of the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Good Conduct Medal,  Vietnam Service Medal, Vietnam Campaign Medal, and two overseas service bars.  It does not list the Purple Heart or the Bronze Star Medal.  

7.  Nothing in several typical documents show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart:

	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 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.

	c.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS) 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 pertaining to him.

	d.  His name is not shown on the Vietnam casualty listing.  (This is a microfiche record of Vietnam Era casualties used to verify entitlement to award of the Purple Heart.)

	e.  His records do 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.)

	f.  His service medical records are not available for review with this case.

8.  Nothing in several typical documents show he was awarded the Bronze Star Medal:

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

	b.  There are no orders in his records and he provides none to show he was awarded the Bronze Star Medal. 

	c.  The ADCARS failed to reveal any orders for the Bronze Star Medal pertaining to him.

9.  He provides: 

	a.  A certificate, dated 12 August 1970, showing he was awarded the Bronze Star Medal for meritorious achievement from November 1969 to August 1970. 

	b.  A citation showing he was awarded the Bronze Star Medal for meritorious service from November 1969 to August 1970. 

	c.  A document that appears to be a narrative accompanying an award.  It describes the applicant's distinguished service with the 527th Personnel Service Company from 13 November 1969 to 3 September 1970.    

	d.  Page 16 of what appears to be an after action report pertaining to a sapper attack that occurred on 31 March 1970 at Cam Ranh Bay.  The applicant is not mentioned.  

10.  Army Regulation 600-8-22 (Military Awards) provides that 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.  

	a.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

	b.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:  frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action.

11.  Army Regulation 600-8-22 states 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.  With respect to the Purple Heart:

	a.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or he is entitled to it upon meeting specific criteria.  The criteria for an award of 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  As for the 31 March 1970 incident, the applicant describes an accident that occurred on that day when he fell into an old mortar round and claims he suffered an ankle and knee injury.  There is no evidence this injury occurred and if it did, there is no evidence it occurred as a result of hostile action.  Accidental wounding not related to or directly caused by enemy action does not qualify for the Purple Heart.  

	c.  As for the June 1970 injury, again there is no evidence of an injury or that such injury occurred as a result of hostile action, and there is also no evidence he was treated or that his treatment was made a matter of official record.  None of the conditions for the Purple Heart appear to have been met. 

	d.  The applicant’s service in Vietnam and sincerity are not in question.  However, there is no evidence in his records that shows he was wounded or injured as a result of hostile action or treated for such wounds and that his treatment was made a matter of official records.  In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart.

2.  With respect to the Bronze Star Medal:

	a.  There is no evidence in the available records that shows the applicant was awarded the Bronze Star Medal.  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 of orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show the Bronze Star Medal.

	b.  The certificate and citation he provides are insufficient without the orders. If the applicant is able to obtain and provide the general orders that awarded him the Bronze Star Medal, he can request a reconsideration of his case.

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)                                         AR20130014273



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ABCMR Record of Proceedings (cont)                                         AR20130014273



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