ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20190006806 APPLICANT REQUESTS: The applicant, through his spouse, requests: * award of the Bronze Star Medal * medical payment and compensation for service related medical conditions * return of personal belongings lost during his military service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Spouse’s letter * Radio message transmittal, dated 31 May 1969 * SF 46 (Government Motor Vehicle Operator’s Identification Card) * Telegram * Fort Ord, CA graduation program FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Title 10 USC, section 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, you must submit a DA Form 638 (Recommendation for Award). The DA Form 638 should clearly identify your unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which you are requesting recognition must accompany the DA Form 638. In addition, your award request 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 (i.e., eyewitness) knowledge of the circumstances and events relative to the request. Title 10 USC, section 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, the applicant must submit a request through a Member of Congress who will send it to the U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requester. 4. Per AR 15-185 (ABCMR), the Board corrects records based on errors or injustices in an applicant’s records. The Board cannot recover or replace personal items belonging to the service member. 5. The request for the Bronze Star Medal and applicant's belongings will not be considered by the Board. The Board will consider medical payment and compensation for service related medical conditions. 6. The applicant's spouse states he was transferred to Fort Ord, CA from Vietnam due to hepatitis, and he has been trying to get the Bronze Star Medal since 1972. 7. A review of the applicant's official records show: * 17 January 1968 – he was inducted into the Army of the United States * DA Form 20 (Enlisted Qualification Record) shows the following in: o item 38 (Record of Assignments), he was in a patient status from 4 June 1969 at Camp Zama, Japan and transferred to U.S. Army Hospital, Medical Holding Company, Fort Ord, CA, effective 12 June 1969 * 16 January 1970 – he was honorably released from active duty by reason of expiration term of service * his medical records are not available for review * his service records are void of documentation that he was considered physically unfit for military service, and his service records are void of orders or other documentation showing he was awarded the Bronze Star Medal 8. The applicant provides: a. A letter from his spouse that states, in pertinent part: (1) The applicant has been getting several denial letters since 1972 about not getting his Bronze Star Medal and his lost items (hat, coat, books, uniform, etc.). Also, he is not receiving any compensation for getting hepatitis in Vietnam. He was medically evacuated out three weeks before completing his one year term because he was so ill. He was taken to Fort Ord, CA and she received a telegram (May 1969). (2) The denial letters that have been sent state there is no record of the applicant having hepatitis and no record of him being ill for 4 months. She would like his belongings and his military compensation that is owed to him for his service. The applicant has seen a psychiatrist and it is on file at the Kansas City, KS Veteran Hospital about his Post-Traumatic Stress Disorder (PTSD) which is now progressive. On 10 May 2019, he was assigned a physician to check him for service related medical injuries for his hearing and back, but mostly his 50 year PTSD (dreams and nightmares). The applicant was a gunner in Vietnam and had to lift heavy rounds and can hardly walk now. b. Radio system message from the applicant to his spouse that states he would be in CA in a few days and please do not worry. c. SF 46 issued by the Fort Ord, CA driver testing center. d. Copy of a telegram envelope. e. D Company, 2nd Battalion, 3rd Basic Combat Training graduation program. 9. Title 38, USC, sections 1110 and 1131, permit the Department of Veterans Affairs (VA) to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Consequently, due to the two concepts involved, an individual's medical condition, although not considered physically unfit for military service at the time of processing for separation, discharge, or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board found no evidence to show that the applicant failed medical retention standards upon separation and no evidence that would support a basis for additional compensation from the Army. The Board concluded that the applicant's request for medical payment and compensation for service-related medical conditions should be addressed by the VA. Assistance is available at https://www.va.gov/disability/how-to- file-claim/ 3. The Board determined that by policy it is not able to locate and return individual belongings and that, regarding the Bronze Star Medal, the applicant may submit a request for the award under the provisions of Title 10 USC 1130. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Title 10 USC, section 1130 allows the Service Secretary concerned to review a proposal for the award of, or upgrading of, a decoration that is otherwise precluded from consideration by limitations established by law or policy. In order to request an award under Title 10 USC 1130, you must submit a DA Form 638 (Recommendation for Award). The DA Form 638 should clearly identify your unit, the period of assignment, and the award being recommended. A narrative of the actions or period for which you are requesting recognition must accompany the DA Form 638. In addition, your award request 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 (i.e., eyewitness) knowledge of the circumstances and events relative to the request. Title 10 USC, section 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. 3. AR 15-185 (ABCMR) provides the policy and procedures for the Board. The Board corrects records based on errors or injustices in an applicant’s records. The Board does not recover or replace personal items belonging to service members. 4. Title 38, USC, sections 1110 and 1131, permit the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Consequently, due to the two concepts involved, an individual's medical condition, although not considered physically unfit for military service at the time of processing for separation, discharge, or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. //NOTHING FOLLOWS//