IN THE CASE OF:	   

		BOARD DATE:	  3 June 2014

		DOCKET NUMBER:  AR20130016860 


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 Bronze Star Medal (BSM) with three oak leaf clusters (now known as 4th award), Purple Heart, and completion of the Combat Leaders Course.

2.  The applicant did not make a statement.

3.  The applicant provides:

* his DD Form 214
* orders
* a request to his Representative in Congress
* a DA Form 87 (Certificate of Training)
* 3 pages of medical records

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 (ARNG) on 
20 March 1970.  He served in Vietnam during the period 15 August 1970 to 
14 August 1971.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) he served in Vietnam with Company A,  
1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division from 27 August 1970 to 23 March 1971;

	b.  item 38 he served in Vietnam with Detachment 4 (Support and Transportation Company (S&T)), Headquarters and Headquarters Company, 
3d Brigade (Separate), 1st Cavalry Division from 24 March to 17 July 1971;

	c.  item 38 he served in Vietnam with S&T Company, 215th (Combat Support) Battalion (Support), 3d Brigade (Separate) from 18 July to 9 August 1971;

	d.  item 38 he received all "excellent" ratings for conduct and efficiency;

	e.  item 40 (Wounds) is blank; and

	f.  item 41 (Awards and Decorations) General Orders Number 4741, issued by Headquarters, 1st Cavalry Division, awarded him the BSM. 

4.  He submitted a DA Form 87, dated 28 January 1971, which shows he completed the Combat Leaders Course.  

5.  He submitted General Orders Number 4741, issued by Headquarters, 1st Cavalry Division, dated 5 March 1971, which show he was awarded the BSM for meritorious achievement during the period 14 March 1970 to 18 March 1971.

6.  On 19 November 1971, he was honorably released from active duty.  He completed 1 year and 8 months of total active service.  His DD Form 214 does not show he completed any military schools.  It shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* two Bronze Star Medals (2d award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar 
* Combat Infantryman Badge 

7.  His record contains a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) dated 20 August 2013, which shows his DD Form 214, dated 19 November 1971, was corrected to add the Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross Unit Citation. 

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for the BSM or Purple Heart pertaining to the applicant.

9.  Review of the Adjutant General's Office Casualty Division's Vietnam casualty listing does not show the applicant as a casualty.

10.  The applicant provided 3 pages of his medical records which show he was treated for a wound and infection between 3 and 7 October 1970.  These medical records do not show the wound or infection were sustained as the result action against an enemy or as a result of hostile action.

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

	a.  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.  BSM 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 in 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.

12.  Army Regulation 635-5, in effect at the time, prescribed the separation documents prepared for Soldlier supon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The instructions for completing item 25 (Education and Training Completed) were to list in-service training courses successfully completed during the period of service covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders or other corroborating evidence in the applicant's record or in ADCARS, and the applicant did not provide sufficient evidence that confirms he has a third or subsequent BSM.  Therefore, there is an insufficient evidentiary basis for granting this request.

2.  The evidence of record shows the applicant was treated for a wound and infection during his service in Vietnam.  However, there is no evidence nor did the applicant submit any evidence that shows the wound and infection were the result of hostile action.  The applicant's name is not listed on the Vietnam casualty listing or in ADCARS.  There is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds.  Therefore, he is not entitled to award of the Purple Heart.

3.  The evidence of record shows the applicant completed the Combat Leaders Course.  Therefore, he is entitled to have this added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all State ARNG and Department of the Army records of the individual concerned be corrected by adding the Combat Leaders Course to his DD Form 214.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to award of the Purple Heart and Bronze Star Medal with three oak leaf clusters.  



      ___________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)                                         AR20130016860



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ABCMR Record of Proceedings (cont)                                         AR20130016860



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