BOARD DATE: 9 May 2018 DOCKET NUMBER: AR20160013579 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: 9 May 2018 DOCKET NUMBER: AR20160013579 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: 9 May 2018 DOCKET NUMBER: AR20160013579 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) for the period ending 30 September 1968 to show award of the Bronze Star Medal (BSM) and Purple Heart. 2. The applicant states, in effect, his retirement DD Form 214 does not include the BSM. 3. The applicant provides: * two applications * undated self-authored letter * BSM Citation * letter from the National Personnel Records Center, dated 1 July 2016 * DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 9 September 1951 * DD Forms 214 for the periods ending 9 September 1957, 9 September 1963, and 30 September 1968 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 10 September 1948 and he remained on active duty through continuous reenlistments. He served as a helicopter repairman in Vietnam from May 1967 to May 1968. 3. He provided a BSM Citation for meritorious service during the period May 1967 to May 1968 in Vietnam. 4. His DA Form 20 (Enlisted Qualification Record) shows: * item 40 (Wounds) is blank * no BSM or Purple Heart in item 41 (Awards and Decorations) 5. On 30 September 1968, he retired in the rank of sergeant first class. 6. His DD Form 214 for the period ending 30 September 1968 does not show the BSM or the Purple Heart as an authorized award. 7. There are no orders for award of the BSM or Purple Heart in the available records. 8. His name is not listed on the Vietnam casualty roster. 9. 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 U.S. Army Human Resources Command, failed to reveal BSM or Purple Heart orders pertaining to the applicant. 10. He provided an undated self-authored letter stating on 14 January 1968, while repairing a downed helicopter, he was hit by shrapnel from an armor piercing round. He was treated by a medic. The medic asked him if he wanted a Purple Heart, but he declined because he was meeting his wife in Hawaii the next day. He now wishes he had taken the Purple Heart. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The BSM 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. The BSM is a personal decoration, as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required. b. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 2. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. The instructions further stated the date the wound or injury occurred would also be entered in item 40. DISCUSSION: 1. The applicant contends he was awarded the BSM for meritorious service during the period May 1967 to May 1968 in Vietnam. However, there are no orders for award of the BSM in his available records and the Awards and Decorations Computer-Assisted Retrieval System does not contain a copy of any orders awarding him the BSM. The BSM is a personal decoration, and as with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required. 2. He contends he was hit by shrapnel from an armor piercing round on 14 January 1968 in Vietnam. 3. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by a medical officer, and documentation of the wound in official records. 4. There are no orders for the Purple Heart in the available records. His name does not appear on the Vietnam casualty roster and item 40 of his DA Form 20 is blank. 5. There is no evidence of record showing he was wounded as a result of hostile action in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013579 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013579 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2