ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20190010115 APPLICANT REQUESTS: Correction of his record to show: * he was promoted to the rank/grade of corporal (CPL)/E-4 * he was awarded the Purple Heart APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 16 March 1966 * DA Form 20 (Enlisted Qualification Record) * DA Form 24 (Service Record) 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. The applicant states, he wants to be promoted to CPL and awarded the Purple Heart for injuries he sustained to his arm and hand when he low crawled to get a fellow Soldier who was injured by a claymore mine. He low crawled and was able to get him and also called out to the field medics which happened in January 1966. 3. Title 10 USC, section 1130 allows: a. 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. b. Title 10 USC 1130 also requires that a request of this nature be referred to the Service Secretary from a Member of Congress. Therefore, you must submit your 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. If you choose to pursue the award requested by submitting a request under the provisions of Title 10 USC 1130, and your request is subsequently denied by the U.S. Army Human Resources Command, you may reapply to the ABCMR. You may complete an application online or download a current application DD Form 149 (Application for Correction of Military Records) from our website at - http://arba.army.pentagon.mil. You must include a copy of the denial from the U.S. Army Human Resources Command. The Purple Heart will not be discussed further in the record of proceedings. 4. A review of the applicant’s official records show the following on: * 25 March 1964 – the applicant was inducted into the Army of the United States * 30 November 1964 – Unit Orders Number 61, issued by 4th Squadron, 12th Cavalry, Fort Carson, CO, permanently promoted the applicant to the rank/grade of private first class (PFC)/E-3 * the applicant’s records are void of any orders promoting him to the rank of CPL * 16 March 1966 – the applicant was honorably released from active duty, DD Form 214 shows in items 3a (Grade, Rate or Rank) PFC, and 3b (Date of Rank) 30 November 1964 5. The applicant provides: * DA Form 20, providing a brief of the applicant’s military service * DA Form 24, showing a history of the applicant’s promotions 6. Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribes the separation documents that will be furnished each individual who is separated from the Army. All available records will be used when preparing DD Form 214 including DA Forms 20 and 24. Items 3 a and b, enter the grade and date of rank in which serving at the time of separation. 7. AR 600-200 (Enlisted Personnel Management System) in effect at the time states in chapter 7, company, troop, battery and separate detachment commanders may promote assigned personnel pay grades E-4 and below. Promotion of enlisted personnel to grade E-3 through E-9 will be announced in routine orders. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his service records to include service in Vietnam and his Honorable discharge. The Board found no evidence in the records to support the applicant’s statements regarding his being wounded or being promoted to CPL, and the applicant provided none. Based on a preponderance of evidence, the Board determined that the absence of a Purple Heart and the applicant’s rank at the time of separation was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. 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. ADMINISTRATIVE NOTE(S): None ? 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. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that will be furnished each individual who is separated from the Army. All available records will be used when preparing DD Form 214 including DA Forms 20 and 24. Items 3 a and b, enter the grade and date of rank in which serving at the time of separation. 3. AR 600-200 (Enlisted Personnel Management System) in effect at the time states in chapter 7, company, troop, battery and separate detachment commanders may promote assigned personnel pay grades E-4 and below. Promotion of enlisted personnel to grade E-3 through E-9 will be announced in routine orders. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190010115 4 1