IN THE CASE OF:
BOARD DATE: 19 May 2015
DOCKET NUMBER: AR20140015945
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 of Discharge) to show the Purple Heart (PH) (3rd Award) and the Bronze Star Medal (BSM).
2. The applicant states he was injured in 1966/1967 while serving in the Mekong Delta and the above awards were omitted from his DD Form 214.
3. The applicant does not provide any additional evidence.
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
12 November 1965. He completed training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). The highest rank he attained while on active duty was specialist four/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* Item 40 (wounds) no entry
* Item 41 (Awards and Decorations) he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
4. General Orders Number 513, issued by 25th Infantry Division, dated 14 July 1996, show he was award the PH for wounds received in connection with military operations against a hostile force.
5. On 9 November 1967, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 11 months, and 28 days of active service and the awards listed on his DA Form 20. However, it shows he was authorized the Expert Marksmanship Qualification Badge with Rifle Bar and Machine Gun Bar (M-60) in lieu of the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
6. There are no general orders in his records that show he was awarded additional awards of the PH.
7. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any additional orders for the PH or the BSM pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states:
a. The Purple Heart is awarded for a wound sustained while in action against an 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.
b. The 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 n 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence does not support the applicant's request for correction of his DD Form 214 to show award of the PH (3rd Award) or the BSM; however, orders show he was awarded the PH (1st Award). Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. His record is void of documentation showing he was recommended for the BSM or any additional awards of the PH, and he has not provided documentary evidence indicating that he received these awards.
3. Absent orders awarding him the BSM or additional awards of the PH or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show these awards.
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 adding the PH (1st Award) to his DD Form 214.
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 BSM or any additional awards of the PH.
_______ _ __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) AR20140015945
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