BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140006567 


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 (2nd Award) and the Bronze Star Medal.

2.  The applicant states, in effect:

* he was recommended for award of the Bronze Star Medal for valor for actions on 7 and 8 November 1967 in the pursuit of Hill 724 in the central highlands of Ð?k Tô, Vietnam
* he did not receive the Purple Heart for wounds received in the Battle of Ð?k Tô near Hill 724
* the Purple Heart recorded on his DD Form 214 was for wounds received on 30 March 1968
* his former platoon leader remembers him being awarded the Silver Star, but he always thought he was awarded the Bronze Star Medal

3.  The applicant provides:

* self-authored statement
* letter from his former platoon leader
* DA Form 61 (Application for Appointment)
* two letters of commendation
* letter of recommendation
* The Kearney County News article
* 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.  The applicant was inducted into the Army of the United States on 21 February 1967.

3.  He served in Vietnam from 12 August 1967 to on or about 10 August 1968, where he was assigned to:

* Headquarters and Headquarters Company, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division, from 21 August 1967 to 9 September 1967
* Company A, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division, from 10 September 1967 to 22 April 1968
* Headquarters and Headquarters Company, 3d Battalion, 8th Infantry Regiment, 4th Infantry Division, from 23 April 1968 to on or about 10 August 1968

4.  Headquarters, 4th Infantry Division, General Orders Number 2275, dated 30 May 1968, awarded him the Purple Heart for wounds sustained in action on 30 March 1968.

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

* item 38 (Record of Assignments) – no patient status
* item 40 (Wounds) –

* fragment wound, right hand, on 30 March 1968
* no wounds or injuries on 8 November 1967

6.  On 17 January 1969, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  He provides a self-authored statement describing the events that happened on 7 and 8 November 1967 and a letter from his former platoon leader who also provided a summary of events for 7 through 9 November 1967.  His former platoon leader stated the applicant was:

* wounded by shrapnel on the right side of his face on 8 November 1967
* he was treated by the platoon medic who bandaged his right cheek
* never placed on the morning report as being wounded in action
* photographed by a television film crew while climbing down the back of a truck at Ð?k Tô with a bandage on his face

8.  The applicant also provides:

	a.  a DA Form 61 wherein he indicated he was awarded two Purple Hearts;

	b.  two letters of commendation, dated 8 and 17 June 1968, which show he was wounded by shrapnel in November 1967; and

	c.  an article from The Kearney County News that states he was awarded the Purple Heart for wounds received in combat in Vietnam.

9.  There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart for wounds sustained on 8 November 1967.

10.  His name is shown on the Vietnam casualty listing as being injured on 30 March 1968.  This is a microfiche listing of Vietnam era casualties that is used to verify entitlement to the Purple Heart.  He is not listed as being injured on any other date.

11.  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 pertaining to the applicant for the Bronze Star Medal for actions on 7 and 8 November 1967 or the Purple Heart for wounds sustained in action on 8 November 1967.

12.  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 for a wound sustained 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 military medical personnel, 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 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.

13.  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.

14.  The request, along with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.



DISCUSSION AND CONCLUSIONS:

1.  The Purple Heart requires evidence to verify:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

2.  There is no evidence in the available records that shows he was wounded as a result of hostile action in Vietnam on 8 November 1967.  Regrettably, the DA Form 61, letters of commendation, and statements he provided are insufficient evidence to support a second award of the Purple Heart in this case.

3.  While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects his right to pursue his claim for the Bronze Star Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

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)                                         AR20140006567



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ABCMR Record of Proceedings (cont)                                         AR20140006567



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