BOARD DATE:	  20 January 2015

		DOCKET NUMBER:  AR20140010010 


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 and the Bronze Star Medal.

2.  The applicant states he sustained a wound to his chest in Chu Lai in 1967.  He also states he saved the lives of two of his men during a monsoon flood. 

3.  The applicant provides a copy of his 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 
10 November 1965.  He completed training and he was awarded military occupational specialty 13B (Field Artillery Crewman).  Evidence further shows he served in the Republic of Vietnam in Battery A, 3rd Battalion, 34th Artillery Regiment and Battery A, 3rd Battalion, 82nd Artillery Regiment for the period
1 December 1966 to 30 October 1967. 

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 Bronze Star Medal.

4.  On 3 November 1967, he was honorably released from active duty.  His DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Expert Marksmanship Qualification Badge with Rifle Bar 

5.  His record contains a Standard Form 88 (Report of Medical Examination) which shows he underwent a separation physical examination.  This form fails to indicate the applicant sustained a wound to his chest or any other part of his body and he was determined to be physically qualified for separation.

6.  The applicant's official military personnel file (OMPF) contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.  His OMPF also does not contain orders awarding him either the Purple Heart or the Bronze Star Medal.

7.  During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster.  The applicant's name is not included on this roster.

8.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart or Bronze Star Medal pertaining to the applicant.




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

   a.  Paragraph 2-8 contains guidance on the Purple Heart.  It states the Purple Heart is awarded to members wounded in action and states that 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.  Paragraph 3-14 contains guidance on award of the Bronze Star Medal and states that it is awarded for heroic acts or meritorious achievement or service of a lesser degree than required for the Silver Star.  The regulation requires that this award be recommended, approved by the proper authority, and announced in official orders.

10.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

11.  The request, 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 OMPF is void of any orders awarding him the Purple Heart.  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 member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.

2.  The applicant's service in the Republic of Vietnam is not in question.  However, the applicant's records contain no medical treatment records or other documents that confirm the applicant was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam.  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 the applicant the Purple Heart.

3.  The applicant's OMPF is void of any orders or other documentation that shows he was ever recommended for or awarded the Bronze Star Medal by proper authority during his military service.  The Bronze Star Medal is not included in the awards listed on his DA Form 20.  As a result, there is insufficient evidence to support award of the Bronze Star Medal.

4.  While the available evidence is insufficient for awarding the applicant a Bronze Star Medal, this in no way affects the applicant's 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 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)                                         AR20140010010





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