IN THE CASE OF: BOARD DATE: 28 October 2010 DOCKET NUMBER: AR20100011893 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 DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal and Purple Heart. 2. The applicant states the awards were omitted due to an oversight. 3. The applicant provides: * Award certificate for the Bronze Star Medal * DD Form 214 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 15 June 1965 for a period of 3 years. He served as a light weapons infantryman in Vietnam. On 4 June 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining military service obligation. 3. The applicant's DD Form 214 does not show the Bronze Star Medal or Purple Heart as authorized awards. 4. There are no orders for the Bronze Star Medal or Purple Heart in the applicant’s service personnel records. 5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Bronze Star Medal or Purple Heart. 6. Item 40 (Wounds) of applicant's DA Form 20 (Enlisted Qualification Record) is blank. The applicant's name does not appear on the Vietnam Casualty Roster. 7. On 4 June 1968, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. 8. 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 Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for award of the Bronze Star Medal or Purple Heart. 9. In support of his claim for the Bronze Star Medal, the applicant provided an award certificate for the Bronze Star Medal for meritorious achievement for the period 21 May 1967 to 20 May 1968. 10. Army Regulation 600-8-22 (Military Awards) states 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. 11. Army Regulation 600-8-22 states 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. DISCUSSION AND CONCLUSIONS: 1. There are no orders for the Bronze Star Medal in the available records and the applicant did not provide any orders for the Bronze Star Medal. In the absence of orders officially awarding him the Bronze Star Medal or any other official corroborating evidence, the award certificate provided by the applicant is not sufficient as a basis for adding the Bronze Star Medal to his DD Form 214. 2. There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. There are no orders for the Purple Heart in the available records. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case. 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) AR20100011893 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100011893 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1