BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130018985 


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 the Purple Heart (PH) and Meritorious Service Medal (MSM) be added to his final DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

   a.  he sustained shrapnel wounds in his right buttocks;
   
   b.  he has the original full x-ray if it is needed; and
   
   c.  his award of the MSM should be added to his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* Self-authored statement
* Standard Form 513 (Medical Record-Consultation Sheet)
* MSM Certificate and Order


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's military record shows, that after having prior enlisted service, he was appointed a Reserve warrant officer of the Army indefinitely and entered active duty on 16 August 1966.
   
3.  His DA Form 2-1 (Personnel Qualification Record) shows he twice served in the Republic of Vietnam (RVN), from 2 March 1967 to 29 February 1968 and from 7 June 1970 to 26 May 1971.  The PH is not included among the list of awards shown in item 41 (Awards and Decorations).

4.  His record does not contain an order or any other documents indicating he was ever recommended for or awarded the PH or MSM by proper authority.  Also, it does not contain any evidence showing he sustained a combat-related wound.

5.  On 31 October 1979, the applicant retired from active duty having completed a total of 20 years, 11 months, and 12 days of creditable active duty service.  The DD Form 214 issued him at that time does not list the PH or MSM.  It shows, in part, the Vietnam Service Medal.

6.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster.  There is no entry pertaining to the applicant.

7.  The applicant provides a Standard Form 513 dated 18 January 1971.  It shows he was hit in the buttocks with shrapnel and the treatment he received.  It does not provide the circumstances surrounding this wounding.

8.  He also provides an MSM certificate which shows he received this award for his extraordinary meritorious and uncommonly selfless performance of duty during the period 14 March 1975 through 31 October 1979.  He also provides Permanent Order Number 200-2 dated 16 November 1979, which announced his award of the MSM.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  

   a.  Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH.  It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
   
   b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this 
award for each Vietnam campaign a member is credited with participating in and a silver service star is used to denote 5 bronze service star.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive, Phase II
* Vietnam Counteroffensive, Phase III
* TET Counteroffensive
* Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

DISCUSSION AND CONCLUSIONS:

1.  The evidence submitted by the applicant includes the official order which announced his award of the MSM.  It was published on 16 November 1979, after his 31 October 1979 retirement which would explain why this award is not listed on his DD Form 214.  Therefore, his final DD Form 214 should be corrected to show the MSM.

2.  Based on the applicant's RVN service and campaign participation, the applicant earned 1 silver service star with his already-awarded VSM.  These campaigns are not currently reflected on his DD Form 214 and should be added.


4.  The evidence of record does not show the applicant suffered a combat wound as a result of enemy action.  The PH is not listed on his DA Form 2-1 and his name is not included on the Vietnam Casualty Roster.  In addition, while the evidence he provides shows he sustained a shrapnel wound to his buttocks and that he received medical treatment for this wounding, it does not contain the specific facts and circumstances surrounding this wounding to show how he received this wounding; whether it was during combat, by friendly or enemy fire, accidental, or otherwise.

5.  Absent evidence to corroborate he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel, the evidence he provides is insufficient to show he met the criteria for award of the Purple Heart.

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 Department of the Army records of the individual concerned be corrected by:

   a.  amending his DD Form 214 issued 31 October 1979 by:

* deleting the Vietnam Service Medal
* adding the Meritorious Service Medal and Vietnam Service Medal with one silver service star
   
   b.  providing him a document to show the above corrections.

2.  The Board further determined that the evidence presented is 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 the Purple Heart.  


3.  The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _  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)                                         AR20130018985





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ABCMR Record of Proceedings (cont)                                         AR20130018985



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