ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 October 2020 DOCKET NUMBER: AR20190011671 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Silver Star * two Bronze Star Medals * Purple Heart APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Statement, undated 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 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 Department of the Army policy, criteria, and administrative instructions concerning individual and unit awards. a. Paragraph 1-14 (Time Limitation) provides that each recommendation for an award of a military decoration must be entered administratively into military channels within 2 years of the act, achievement, or service to be honored. An award recommendation will be considered to have been submitted into military channels when it has been signed by the initiating officer and endorsed by a higher official in the chain of command. However, a Member of Congress can request consideration of a proposal for the award or presentation of decoration; that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. b. Paragraph 2-8 (Purple Heart) provides that the Purple Heart is an entitlement and differs from all other awards. 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 medical personnel, and the medical treatment must have been made a matter of official record. (1) Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * injury caused by enemy-placed trap or mine * injury caused by enemy-released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire * concussion injuries caused as a result of enemy-generated explosions * mild traumatic brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident (2) Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * heat stroke * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * battle fatigue * disease not directly caused by enemy agents * accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * self-inflicted wounds, except when in the heat of battle and not involving gross negligence * post-traumatic stress disorder * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * mild traumatic brain injury or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical finding of impaired brain function * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) * first degree burns c. Paragraph 2-14 (Vietnam Service Medal) provides that the Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. One bronze service star is authorized with the Vietnam Service Medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. A silver service star is worn instead of five bronze service stars. d. Paragraph 3-12 (Silver Star) provides that the Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations. The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. e. Paragraph 3-16 (Bronze Star Medal) provides that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, distinguishes himself or herself by heroic or meritorious achievement or service. 3. Title 10, U.S. Code, section 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. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army to the: Commander, U.S. Army Human Resources Command, Attention: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The applicant's unit must be clearly identified along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards 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 knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, 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 was awarded the Silver Star, two Bronze Star Medals, and the Purple Heart while he was in the field. a. Both his captain and task force commander were killed in a helicopter and airplane crash: he isn't sure if their copies of orders were ever turned in. His copy didn't last long in the field. b. He requested all of his Vietnam service and medical records and it looks like the brigade failed to file anything. c. He was medically evacuated twice, but there is no evidence in his records. He had sock foot (slang for trench foot) a lot due to jungle rot, which is not in his medical records. d. He thought that since the awards aren't shown on his DD Form 214, there was no hope of having it fixed. He just learned about a DD Form 215 (Correction to DD Form 214). e. He is 100-percent disabled and 70 years old. He is just trying to get what he earned for wear on his service uniform when the time comes. All he has is what is in his Department of Veterans Affairs file, indicating a grenade landing 10 feet from him and knocking him over. 3. He enlisted in the Regular Army on 6 December 1966. 4. He was honorably discharged for immediate reenlistment on 13 June 1968. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period shows award of the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) 5. He reenlisted on 14 June 1968. 6. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 38 (Record of Assignments): * Company B, 4th Battalion, 3d Infantry Regiment, 11th Brigade, U.S. Army Pacific, from 29 April 1967 through 13 June 1968 * Company A, 523d Signal Battalion, Americal Division, U.S. Army Pacific, from 14 June 1968 through 27 January 1970 b. item 39 (Campaigns): * Vietnam Counteroffensive Phase III * Tet Counteroffensive * Vietnam Counteroffensive Phase IV * Vietnam Counteroffensive Phase V * Vietnam Counteroffensive Phase VI * Tet 69 Counteroffensive 1969 * Summer-Fall 1969 * Winter-Spring 1970 c. item 40 (Wounds): no entries; d. item 41 (Awards and Decorations): * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Vietnam Campaign Medal with Device (1960) * two overseas service bars * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. He was honorably released from active duty on 11 June 1971. Item 24 of his DD Form 214 for this period shows award of the: * National Defense Service Medal * Vietnam Service Medal with one Silver Service Star * Vietnam Service medal with one Bronze Service Star * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 9. A review of his military records did not reveal orders for award of the Silver Star, two Bronze Star Medals, or the Purple Heart. 10. The applicant's name does not appear on the Vietnam casualty roster. 11. 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 Military Awards Branch, failed to reveal any orders awarding the applicant the Silver Star, two Bronze Star Medals, or the Purple Heart. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 2. The Board found insufficient evidence confirming the applicant met the criteria for award of the Purple Heart. Although he states he was medically evacuated twice while serving in Vietnam, he does not reference a specific injury he incurred as a result of hostile action, nor do the available records indicate he was injured as a result of hostile action to a degree that required treatment by medical personnel. In the absence of additional evidence, such as statements from fellow Soldiers who witnessed him being wounded or medical records confirming he was treated for wounds incurred as a result of hostile action, the Board determined there is an insufficient basis for correcting his record to show he is authorized the Purple Heart. 3. The Board also found insufficient evidence confirming the applicant's claim that he was awarded the Silver Star and two Bronze Star Medals. The available service records make no reference to the applicant having been awarded these decorations. The Board determined there is an insufficient basis for correcting his record to show the Silver Star or two Bronze Star Medals. ? 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190011671 7 1