IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150003698 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 reconsideration of his earlier request for award of the Purple Heart (PH) and the Bronze Star Medal (BSM). He also requests, in effect, consideration for award of the Army Commendation Medal (ARCOM). 2. The applicant states: a. It is his understanding that the Fort Hood Jihad victims are going to receive PH. They are deserving of the award. The Army is doing the right thing and he salutes the Department of the Army. Although he served in combat during the Vietnam War, he was not recognized for honorably serving in the Army. He suffered from post-traumatic stress disorder, Agent Orange, and a chest wound in an attempt to save two of his men during a monsoon flood. b. He was denied the PH and the BSM, and the ARCOM was not even considered. Not to take away from what happened at Fort Hood, but he does not understand the difference between his wounds and the wounds suffered by the Fort Hood victims. A wound is an injury when the skin is broken and a mental condition as well. The Fort Hood killer was considered a terrorist. The Vietnam War also had terrorists or guerrillas as well. c. Public attention was brought to Senator John Kerry’s Vietnam War record. The Swift Boat Veterans for Truth questioned details of Senator Kerry’s military service and circumstances relating to the award of his combat medals. He received a PH for a nick by a fragment from an M-79 grenade launcher he fired himself. He was not injured by the enemy; his injury was self-inflicted. d. Senator Kerry received a scratch and he was awarded the PH and BSM. He was not awarded the same medals for his combat actions in Vietnam and although he put his life on the line for his Vietnam brothers that was not considered. He questions if the Department of the Army cares about Vietnam veterans. It is obvious that the Department of the Army does not believe that his experiences in Vietnam War are true. This is the same mentality the Department of Veterans Affairs (VA) had when Vietnam veterans applied for benefits. The VA tried to discourage Vietnam veterans from applying for their benefits. e. It is a sad situation when the Department of the Army does not recognize this. He is not going away. He will continue to fight for the medals he believes he is entitled to. He deserves the medals and he physically earned them. 3. The applicant provides medical documentation and a self-authored letter. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140010010, on 20 January 2015. 2. The applicant was inducted into the Army of the United States on 10 November 1965. He completed training and he was awarded military occupational specialty 13B (Field Artillery Crewman). Evidence further shows he served in the Republic of Vietnam in Battery A, 3rd Battalion, 34th Artillery Regiment and Battery A, 3rd Battalion, 82nd Artillery Regiment for the period 1 December 1966 to 30 October 1967. 3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. Item 41 (Awards and Decorations) does not show award of the PH, BSM, or the ARCOM. 4. On 3 November 1967, he was honorably released from active duty. The DD Form 214 he was issued at the time shows the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar 5. His record contains a Standard Form 88 (Report of Medical Examination) which shows he underwent a separation physical examination. This form fails to indicate the applicant sustained a wound to his chest or any other part of his body and he was determined to be physically qualified for separation. 6. The applicant's official military personnel file (OMPF) contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action. His OMPF also does not contain orders awarding him the PH, BSM, or the ARCOM. 7. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster. 8. 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 PH, BSM, or the ARCOM pertaining to the applicant. 9. He provides, as new evidence, post- service medical documents pertaining to his claim of PTSD. 10 Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. a. Paragraph 2-8 contains guidance on the PH. It states the PH is awarded to members wounded in action and states that in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. b. Paragraph 3-14 contains guidance on award of the BSM and states that it is awarded for heroic acts or meritorious achievement or service of a lesser degree than required for the Silver Star. The regulation requires that this award be recommended, approved by the proper authority, and announced in official orders. c. Paragraph 3-18 contains guidance on award of the ARCOM and states that it may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. The regulation requires that this award be recommended, approved by the proper authority, and announced in official orders. 11. Title 10, U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in 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 (or the upgrading of a decoration), either for an individual or a unit, 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. 12. 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: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 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 applicant's OMPF is void of any orders awarding him the PH. In order to support award of the PH, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record. 2. His OMPF is void of any orders or other documentation that shows he was ever recommended for or awarded the BSM or the ARCOM by proper authority during his military service. Neither the BSM nor the ARCOM are included in the awards listed on his DA Form 20. 3. While the available evidence is insufficient for awarding the applicant a BSM or ARCOM, this in no way affects his right to pursue his claim for these awards by submitting a request through his Member of Congress under the provisions of 10 USC 1130. 4. He brings into question the service record of Senator John Kerry and the awarding of the PH to the victims of the Fort Hood shooting to compare with his case; however, every case is individually decided based upon its merits when an applicant requests a correction to his or her record. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 to amend the decision of the ABCMR set forth in Docket Number AR20140010010, dated 20 January 2015. 2. Regarding the ARCOM, 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 by awarding him the ARCOM. _______ _ 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) AR20150003698 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003698 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1