BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150017189 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ _x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150017189 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 4 April 2017 DOCKET NUMBER: AR20150017189 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 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal and a second award of the Purple Heart. 2. The applicant states he was medically evacuated to Great Lakes Naval Hospital in May 1971 because his ankle became infected. His DD Form 214 will bear witness to that effect. When he got hit by shrapnel, it was not bad so he continued to perform his duties. On or about 16 February 1971, he was hit by shrapnel a second time. He was supposed to be awarded a second Purple Heart and the Bronze Star Medal. His unit was in Khe Sanh, South Vietnam. His unit along with others reopened that fire base on or about 4 February 1971. 3. The applicant provides his DD Form 214 and page 4 of his DA Form 20 (Enlisted Qualification Record). 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 23 August 1968. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service) Korea from 19 January 1969 to 10 January 1970 and Vietnam from 5 August 1970 to 24 May 1971 * Item 38 (Record of Assignments) no entry showing he was in a patient status * Item 40 (Wounds) “left chin (sic) caught shrapnel on 16 September 1970,” this item also contains a handwritten entry that states “1st time was right chin (sic) not left” * Item 41 (Awards and Decorations), in part, the Purple Heart and no entry for the Bronze Star Medal 4. The available records do not include orders that show he was awarded a second Purple Heart or the Bronze Star Medal. There is also no medical documentation that shows he was wounded a second time as a result of hostile action. 5. On 1 June 1971, he signed an affidavit acknowledging that he was voluntarily remaining on active duty beyond his scheduled date of release for the purpose of continuing medical care or hospitalization. 6. On 3 June 1971, the Army honorably released him from active duty due to completion of hospitalization. On the following day, he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 9 months, and 11 days of net active service. His DD Form 214 for this period of service reflects one Purple Heart; it does not reflect the Bronze Star Medal. 7. The Vietnam casualty roster does not list the applicant's name as a casualty at any time. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states 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. 2. Army Regulation 600-8-22 states 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. 3. Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. 4. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. DISCUSSION: 1. The applicant contends he was hit by shrapnel a second time on or about 16 February 1971. However, his record is void of orders or medical records that show he was wounded as a result of hostile action in Vietnam on a second occasion. 2. The applicant contends he was medically evacuated to Great Lakes Naval Hospital after his ankle became infected. However, his service record is void of evidence that indicates he sustained an injury to his ankle as a result of hostile action. 3. The available records are void of documentation indicating the applicant was awarded the Bronze Star Medal. A recommendation by the Board to deny relief 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 10 USC 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017189 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017189 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2