IN THE CASE OF: BOARD DATE: 13 June 2019 DOCKET NUMBER: AR20170007609 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X X X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 June 2019 DOCKET NUMBER: AR20170007609 THE APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests, in effect, that he be awarded the Purple Heart and the Silver Star for his actions during his period of service in the Republic of Vietnam. 2. The applicant states: a. He earned and was recommended for the Purple Heart due to injuries he sustained during combat with the enemy in Vietnam. He received shrapnel wounds to the face, arms and legs. b. He earned and was recommended for the Silver Star for his bravery in combat, which resulted in defeating the enemy’s attack on his unit's position. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records, with supporting document(s) (if any): A self-authored summary of events and a personal letter from his previous executive officer. 2. The following evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DA Form 20 (Enlisted Qualification Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 13 July REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained while in action against and 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. b. The Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. DISCUSSION: 1. 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, and 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 was inducted into the Army of the United States on 7 September 1966. 3. The applicant served in the Republic of Vietnam from on or about 20 July 1967 through on or about 11 July 1968. During this period of service, he was assigned to 2nd Battalion, 32nd Artillery Regiment. 4. The applicant was honorably released from active duty on 13 July 1968. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); and the Meritorious Unit Citation. 5. The applicant’s MPRJ does not contain orders that show he was previously awarded the Purple Heart or the Silver Star, nor does it contain documentation that shows he was recommended for award of the Silver Star. Additionally, his record does not contain documentation pertaining to the treatment of any wounds or injuries he sustained during his service in Vietnam. 6. A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Roster does not show the applicant's name as a combat casualty. 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 U.S. Army Human Resources Command, failed to reveal orders confirming the applicant was awarded the Purple Heart or the Silver Star. 8. The applicant provides a self-authored summary highlighting an enemy mortar attack on his unit, which lead to his injuries and the death of several of his fellow Soldiers. In addition, a personal letter from his previous executive officer summarizes the event of the specified attack and the applicant’s bravery in assuming the responsibilities as the tower guard; his actions helped repel the attacking force. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160012465 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170007609 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2 IN THE CASE OF: BOARD DATE: 13 June 2019 DOCKET NUMBER: AR20170007609 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. 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) AR20170003762 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1