IN THE CASE OF:
BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140020842
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 record to show award of the Bronze Star Medal (BSM) and Purple Heart.
2. The applicant states that:
a. his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 10 September 1991, does not list the Purple Heart or BSM.
b. he believes he was awarded a Purple Heart or BSM for serving in Iraq with the 159th Mobile Army Surgical Hospital, while assigned to the Louisiana Army National Guard (LAARNG) from February to May 1991.
c. he did not have any orders for the awards, but recalls being told that by a staff sergeant in December 1991, upon his return stateside.
d. from 2003 to 2004, as an inpatient at the Department of Veterans Affairs (VA) Medical Center in Milwaukee, MN, his social worker told him he received a call from the LAARNG indicating he was awarded an award and where should they send it.
e. he told the lady on the phone to retain the award in his file and since then he has tried to find out where the award is located.
f. he knows the social worker and psychiatrist erased all of the records of his stay at the VAMC, so he has no way of finding the award.
3. The applicant provides a VA Form 21-413B (Statement in Support of Claim).
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 enlisted in the Regular Army (RA) on 29 July 1968.
3. His DA Form 20 (Enlisted Qualification Record) shows:
a. item 40 (Wounds) is blank; and
b. item 41 (Awards and Decorations) no award of the Purple Heart or BSM.
4. He was discharged on 30 March 1969 after serving honorably for 8 months and 2 days. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 30 March 1969 does not show award of the Purple Heart or BSM.
5. On 31 March 1969, he reenlisted in the RA. He served in Vietnam from
29 August 1970 to 3 November 1971. He was released from active duty on
4 November 1971. His DD Form 214 dated 3 November 1971 does not show award of the Purple Heart or BSM.
6. On 8 December 1990, he was ordered to active duty in support of Operation Desert Shield/Desert Storm with the LAARNG. He was released from active duty on 10 September 1991 and transferred to the LAARNG. The DD Form 214 he was issued, dated 10 September 1991, does not show award of the Purple Heart or BSM. However, it does show award of the Southwest Asia Service Medal in recognition of his deployment to Southwest Asia from 8 January to 10 August 1991.
7. His record is void of any evidence showing he was awarded either the BSM or Purple Heart.
8. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Database that contains one record for each active duty member who served in-theater between 2 August 1990 and 31 December 1994. The DMDC Desert Shield/Storm Database shows the applicant participated in-theater during the period 8 January to 10 August 1991.
9. Army Regulation 600-8-22 (Military Awards) states the:
a. Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.
b. 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 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.
DISCUSSION AND CONCLUSIONS:
1. There are no orders or other corroborating evidence in the applicant's record, and the applicant did not provide sufficient evidence that confirms he was awarded a BSM. Therefore, he is not entitled to award of the BSM.
2. There is no evidence in his service personnel records that shows he was wounded or injured as a result of hostile action or treated for such wounds. Therefore, he is not entitled to award of the Purple Heart.
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) AR20140020842
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ABCMR Record of Proceedings (cont) AR20140020842
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