IN THE CASE OF:  	  

		BOARD DATE:  2 June 2015	  

		DOCKET NUMBER:  AR20140017943 


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, in effect:

* award of the Purple Heart
* award of the Silver Star
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards and decorations authorized

2.  The applicant states, in effect:

* while serving in Vietnam he was injured numerous times and should therefore have been given the Purple Heart
* his former commander, a colonel, told him he had submitted a Silver Star recommendation on his behalf and he asks that this award be shown on his DD Form 214
* he had been suffering from posttraumatic stress disorder but, as a result of treatment, he has gained a new perspective; he is now more grateful and wishes to display the awards he earned as a testament of his service

3.  The applicant provides no additional evidence or documentation.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code (USC), 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.  With respect to the Silver Star, based upon his application, the evidence of record, and accompanying supporting documents the applicant submitted, it does not appear that he was recommended for or awarded the Silver Star. As such, his request to this Board is premature: 

	a.  Paragraph 2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that the member has not exhausted all administrative remedies available to him/her.  There is no evidence that the applicant has submitted a request to the Army Decorations Board, U.S. Army Human Resources Command (HRC) and was denied relief. 

	b.  Pursuant to Title 10, USC, section 1130 (10 USC 1130), a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. 

	c.  Title 10 USC 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy.  In order to request an award under 10 USC 1130, the applicant must submit a DA Form 638 (Recommendation for Award), a copy of which will be sent under separate cover.  The DA Form 638 should clearly identify the applicant's unit, the period of assignment, and the award being recommended.  A narrative of the actions or period for which the member is requesting recognition must accompany the DA Form 638.  In addition, the award request 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 (i.e., eyewitness) knowledge of the circumstances and events relative to the request.

	d.  Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress.  Therefore, the applicant must submit his request through a Member of Congress who will send it to HRC, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

	e.  This portion of his request pertaining to award of the Silver Star will not be discussed further in these Proceedings. If the applicant chooses to pursue the award requested by submitting a request under the provisions of Title 10 USC 1130, and his request is subsequently denied by the U.S. Army Human Resources Command, he may reapply to the ABCMR. 

3.  The applicant was inducted into the Army of the United States on 5 November 1968.  After completing initial training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade held was specialist four/E-4.

4.  He served in Vietnam from 3 May 1969 to 2 May 1970.  While in Vietnam he was assigned to Company E, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade (Separate) (Light).

5.  He was honorably released from active duty on 4 November 1970.  His 
DD Form 214 shows a total creditable active service of 2 years.  He was awarded or authorized the following:

* Vietnam Service Medal with two bronze service stars
* National Defense Service Medal 
* Bronze Star Medal with  "V" Device and 1st Oak Leaf Cluster (1st OLC) (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar

6.  Special Orders (SO) Number 194, dated 13 July 1969, issued by Headquarters, 199th Infantry Brigade (Separate) (Light), awarded the applicant the Combat Infantryman Badge.

7.  General Orders (GO) Number 2415, dated 16 December 1969, issued by Headquarters, 199th Infantry Brigade (Separate) (Light), shows a previous GO (Number 2090, dated 25 November 1969) was amended to show the award of the Army Commendation Medal with "V" Device.



8.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  Item 31 (Foreign Service) shows he has qualifying service for four campaign periods: 

* Tet 69 Counteroffensive (23 February 1969 to 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)

	b.  Item 38 (Record of Assignments) shows, while in Vietnam, he was assigned to Company E, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade (Separate) (Light).

	c.  Item 40 (Wounds) of his DA Form 20 is blank.

	d.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart.  It does show the Combat Infantryman Badge (1st Award).

9.  His name is not shown on the Vietnam casualty listing.  This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart.

10.  His personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action.  This was the proper notification procedure for injuries at the time.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, failed to reveal any orders for either the Purple Heart.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

13.  Army Regulation 600-8-22 (Military Awards) 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  This pamphlet shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974.

	b.  It also shows the 4th Battalion, 12th Infantry Regiment was awarded, in DAGO 51, 1971, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound required treatment by medical personnel, and the medical treatment was made a matter of official record.

	a.  Although the applicant states he was injured, available records do not show the applicant was wounded or injured as a result of hostile action nor does it show he received medical treatment and that that medical treatment of his injuries were made a matter of official record.  Regrettably, absent this evidence, there is an insufficient basis for awarding the Purple Heart to the applicant.

	b.  If the applicant is able to provide verifying documentation within 1 year of the date of the Board's decision, his application can be reconsidered.

2.  His records indicate his DD Form 214 is missing awards and decorations he earned while serving in Vietnam and, as such, it should be amended accordingly.

	a.  Orders show the award of the Army Commendation Medal with "V" Device.

	b.  He was awarded the Combat Infantryman Badge (1st Award).

	c.  He has qualifying service for four campaigns, to be shown with his already awarded Vietnam Service Medal.

	d.  The unit to which he was assigned in Vietnam earned two citations:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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.  deleting the Vietnam Service Medal from his DD Form 214, and

	b.  adding to his DD Form 214 the following awards:

* Army Commendation Medal with "V" Device
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 award of the Purple Heart.



      __________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)                                         AR20140017943





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ABCMR Record of Proceedings (cont)                                         AR20140017943



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