IN THE CASE OF: BOARD DATE: 25 August 2022 DOCKET NUMBER: AR20210016736 APPLICANT REQUESTS: * Upgrade award of the Bronze Star Medal for service to a Bronze Star Medal with “V” Device for heroism * Award of the Purple Heart APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Forms 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Personal Statement * Certificate of Training * Department of Veterans Affairs Board of Veterans Appeals letter FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 on the line for 12 months. U.S. Army mortarmen were regular line troops half the time. He walked point, ambush, long-distance patrols, plus airmobile assaults. He saw much action all year in Vietnam. He thinks if someone else who is a Judge Advocate General’s Corps officer received a Bronze Star Medal, then he (the applicant) can ask for a “V” Device. He would also like consideration for award of the Purple Heart. He was almost directly impacted by a rocket-propelled grenade. He woke up where he was sleeping with a concussion/contusion and bleeding from his nose and ears. He was not medically evacuated but the explosion affected him a lot. 3. Regarding the upgrade of the Bronze Star Medal to a Bronze Star Medal with “V” Device, the applicant’s request is premature. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. Paragraph 1-14 of this regulation states, except for award recommendations submitted in accordance with the provisions of Section 1130, Title 10, United States Code (10 USC 1130), which is outlined below, 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, with the exception of the Medal of Honor, Distinguished Service Cross, and Distinguished Service Medal. 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, pursuant to 10 USC 1130, a Member of Congress can request consideration of a proposal for the award or presentation of decoration (or the upgrading of a decoration), either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirements under 10 USC 1130. a. 10 USC 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), a copy of which is enclosed. b. 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. c. 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 United States 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 requestor. d. If the applicant chooses to pursue an upgrade of the award(s) you requested by submitting a request under the provisions of Title 10 USC 1130, and your request is subsequently denied by the United States 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 4. Review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 20 March 1968. He held an infantry specialty. b. He served in Vietnam from 28 November 1968 to on or about 23 November 1969. He was assigned to Company B, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division. c. General Orders Number 10848, issued by Headquarters, 25th Infantry Division, on 28 August 1969, awarded him the Air Medal for meritorious achievement. d. General Orders Number 10998, issued by Headquarters, 25th Infantry Division, on 29 August 1969, awarded him the Bronze Star Medal for service from November 1968 to November 1969. e. He was honorably released from active duty on 24 November 1969 and transferred to the U.S. Army Reserve. His DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Bronze Star Medal * Vietnam Campaign Medal * Air Medal f. Nothing in several typical sources show he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart: (1) His name is not shown on the Vietnam casualty listing. This is a listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart. (2) His available personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action. This was generally the proper notification procedure for injuries at the time. (3) 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 any orders for the Purple Heart pertaining to the applicant. (4) His medical records are not available for review with this case and no contemporaneous medical records exist to support an injury (as a result of hostile action) or treatment for such injury. (5) Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not record any wounds sustained as a result of hostile action. h. The applicant provides his VA rating decision, dated 10 May 2021. It reflects award of service-connected disability for a traumatic brain injury. 5. By regulation (AR 600-8-22), the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify: * the injury/wound was the result of hostile action * the injury/wound must have required treatment by personnel * the medical treatment must have been made a matter of official record BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found insufficient evidence in the available service records to confirm the applicant was injured as a result of hostile action. The Board determined the available evidence is insufficient as a basis for awarding the applicant the Purple Heart. 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. REFERENCES: 1. Title 10, United States 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 (AR) 600-8-22 (Military Awards), prescribes policies and procedures for military awards and decorations, to include the Purple Heart. a. The Purple Heart is awarded for a wound sustained while 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. When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for award. b. 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 3. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, of the version 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 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016736 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1