IN THE CASE OF: BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150007585 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 and Bronze Star Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show these awards. 2. The applicant states: a. He was injured during combat in Vietnam in 1969 when the helicopter he was on was shot down and he sustained a piece of shrapnel in the base of his neck. He was a door gunner on a medical evacuation. At the time, it was determined the shrapnel should be left in his neck due to the proximity of the shrapnel to the nerves in his neck. Some years later, it was removed when it was deemed safe to do so by the Department of Veterans Affairs (VA) hospital in Los Angeles, CA. b. During his service as a medical evacuation door gunner, part of his duties included rescuing downed pilots. Due to the number of rescues he performed, he was informed that he qualified for the Bronze Star Medal. During this time, he also received a commendation from the President of Vietnam. 3. The applicant provides a letter from the National Personnel Records Center, dated 26 February 2015. 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 16 April 1968 and he held military occupational specialty 71B (Clerk Typist). He served in Vietnam from 1 August 1969 to 30 March 1970 while assigned to the 1st Army Postal Unit. 3. He was honorably released from active duty on 31 March 1970 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued does not show award of the Purple Heart or the Bronze Star Medal. 4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain an entry and item 41 (Awards and Decorations) does not show the Purple Heart or Bronze Star Medal. 5. A review of the Adjutant General's Office, Casualty Division's Vietnam casualty listing failed to show his name as a casualty. 6. There is no medical evidence in his available record that shows he was injured/wounded as a result of hostile action. 7. Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart or Bronze Star Medal pertaining to the applicant. 8. 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. The Bronze Star Medal 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. 9. Title 10 of the U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in a 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 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. 10. 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: U.S. Army Human Resources Command (USAHRC), ATTN: SGS, 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 criteria for award of the Purple Heart requires the submission of substantiating evidence to verify a Soldier received a wound/injury as a result of hostile action, the wound/injury required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. Notwithstanding the applicant's sincerity, his records are void of any evidence and he did not provide any evidence that shows he was wounded or injured as a result of hostile action. His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound. In the absence of evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, he does not meet the criteria for award of the Purple Heart. 3. With respect to the Bronze Star Medal, his record is void of orders showing he was awarded the Bronze Star Medal. The governing regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which includes the Bronze Star Medal. 4. While the available evidence is insufficient for awarding the applicant the Bronze Star Medal, this in no way affects his 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) AR20150007585 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007585 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1