IN THE CASE OF:	  

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090021509 


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 award of the Purple Heart and Bronze Star Medal.

2.  The applicant states in May/June 1971 he was told by his first sergeant that he was to receive the Purple Heart and Bronze Star Medal.

3.  The applicant provides no documentary evidence in support of his application.

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 on 28 February 1970 for a period of 3 years.  He served as a pioneer in Vietnam from 8 August 1971 to 1 April 1972.  On 30 April 1972, the applicant was released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation.

3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart or Bronze Star Medal as authorized awards.

4.  There are no orders for the Purple Heart or Bronze Star Medal in the applicant's service personnel records.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.  The applicant's name does not appear on the Vietnam casualty roster.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show entitlement to the Purple Heart or Bronze Star Medal.

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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart or Bronze Star Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.

9.  Army Regulation 600-8-22 provides the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provided no evidence which shows he was wounded as a result of hostile action in Vietnam.  Regrettably, there is insufficient evidence in which to base award of the Purple Heart in this case.

2.  There are no orders for the Bronze Star Medal in the available records.  Therefore, there is insufficient evidence with which to amend his DD Form 214 to show this medal.

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)                                         AR20090021509



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ABCMR Record of Proceedings (cont)                                         AR20090021509



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