IN THE CASE OF:	  + 

		BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140017418 


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 records to show award of the Purple Heart and the Air Medal.

2.  The applicant states he served in the Republic of Vietnam (RVN) and was injured a week or two before 25 September 1970.  He states when a Soldier or Airborne Ranger is wounded in battle he is awarded the Purple Heart.  However, most are awarded posthumously and presented to the family, and that is why it was often called the "Slow Man's Medal."  He adds that he is entitled to the Purple Heart and expects to receive it.  He requests personal appearance before the Board.

3.  The applicant provides a three-page letter written by his spouse.

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 20 February 1969 for a period of 3 years.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He also completed armor reconnaissance specialist, basic airborne, and RVN training.

4.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 11545, dated 20 September 1970, awarded the applicant the Army Commendation Medal with "V" Device for heroism in the RVN on 8 August 1970.
At the time he was assigned to Headquarters and Headquarters Company, 
1st Brigade, 101st Airborne Division (Airmobile).  A review of the narrative reason for the award fails to show he was wounded or injured during the action.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 
14 December 1971, in the grade of sergeant/pay grade E-5, and transferred to the U.S. Army Reserve Control Group (Reinforcement).

   a.  He had completed 2 years, 9 months, and 18 days of net active duty service this period that included 11 months and 29 days of foreign service in the RVN from 13 July 1970 through 11 July 1971.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* Parachutist Badge
* Vietnam Service Medal
* Bronze Star Medal
 
6.  A review of the applicant's available military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart or the Air Medal.

7.  A review of The Adjutant General's Office, Casualty Division's Vietnam Casualty Roster failed to reveal the applicant's name.

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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart or the Air Medal pertaining to the applicant.

9.  In support of his application the applicant provides a three-page letter written by his spouse (A____ C____).  It shows, in pertinent part, the applicant served in the RVN with the Raider Force and the Rangers in the 101st Airborne Division (Airmobile).

   a.  While serving with the Raider Force, he was injured in mid-September 1970 when several rockets exploded at Camp Eagle, RVN.  He was running during the attack and he was knocked down three times.  After being knocked down the third time, he was unable to get up.  He sustained head wounds and a concussion.  Two Soldiers grabbed him and dragged him to the perimeter where a lieutenant observed the extent of his injuries.  The officer called for a medic, offered comforting comments, and said, "At least you got your first Purple Heart."  

   b.  The applicant was hospitalized and does not recall the length of time he spent in the hospital, but it was at least a few days.  He believes it was the
85th Evacuation Hospital in Phu Bai.  He was released from the hospital on
25 September 1970 to report to the 75th Airborne Rangers.

   c.  He arrived at his new unit in time to see one of his best friends before his friend departed on his first mission with the new unit.  His friend was killed in action about two hours later.

   d.  The applicant was subsequently presented an award (not the Purple Heart) at an awards ceremony.  He and another Soldier concluded the Purple Heart had not yet been forwarded to his new unit and that it would be awarded at a later date.  However, the applicant never received the Purple Heart or the Air Medal (for being shot at in a helicopter).


   e.  From old photographs and the medals he received from the NPRC, the applicant can recall being awarded the Bronze Star Medal, Army Commendation Medal with "V" Device, Combat Infantryman Badge, Parachutist Badge, Vietnam Service Medal, and RVN Campaign Medal.

   f.  After returning from Vietnam, the applicant dealt with post-traumatic stress disorder for four decades without medical care.  In July 2011, he experienced a mental breakdown.  A Veterans Administration (VA) counselor tried to obtain the applicant's medical records to learn more about the head injury he suffered during the rocket attack in 1970.  However, his efforts produced very little information.

   g.  The applicant began seeing a private practice psychiatrist because of the long wait for a VA physician.  He was diagnosed with Parkinson's Disease and has been seen by private and VA neurologists, a psychologist, pulmonologist, psychiatrists, neuropsychologist, dermatologist,  gastroenterologist, and an eyes, nose, and throat specialist.

   h.  He retired from his job as a locomotive engineer after more than 30 years of service.  His thoughts returned to what happened with the Purple Heart. Additional requests for his military medical records concerning treatment for a head injury failed to produce any results.  A request was also submitted to the NPRC and he was issued his awards and decorations; however, they did not include the Purple Heart or the Air Medal.

   i.  The applicant's spouse states that the applicant should not be denied award of the Purple Heart or the Air Medal because of missing records and/or after action reports.  She adds that she and the applicant would be willing to appear before a formal board in order to settle this issue.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, 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 Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly (e.g., personnel in the attack elements of units involved in air-land assaults against an armed enemy).  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-11 states that applicants do not have a right to a hearing before the ABCMR.  The Director of the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military service records should be corrected to show award of the Purple Heart and the Air Medal.

2.  The applicant's request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time.  As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

3.  The applicant does not provide any contemporaneous medical records that show he was treated for injuries or wounds that were the result of hostile action in the RVN.

   a.  His available military service records do not show any evidence that he was wounded or injured in action as a result of a hostile act of the enemy.

   b.  His name is not listed on the Vietnam casualty roster.

   c.  There are no orders or any other evidence that shows he was awarded the Purple Heart.

   d.  Thus, there is an insufficient evidentiary basis to support a claim to the Purple Heart.

4.  There is no evidence of record that shows the applicant was recommended for or awarded the Air Medal.

	a.   The evidence of record shows that award of a personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders.  

	b.  Therefore, there is an insufficient evidentiary basis for correcting the applicant's records to show award of the Air Medal.

5.  Therefore, in view of all of the foregoing, there is an insufficient evidentiary basis to grant the applicant's request.

6.  Evidence shows that the applicant's records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.


2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the records of the individual concerned by adding to item 24 of his DD Form 214 the "Army Commendation Medal with "V" Device."




      _______ _   __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)                                         AR20140017418



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ABCMR Record of Proceedings (cont)                                         AR20140017418



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