IN THE CASE OF:
BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20100000996
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his records to show he was awarded the Purple Heart for injuries sustained to his left arm during his combat tour in the Republic of Vietnam (RVN).
2. The applicant states, in effect, he feels that he earned the Purple Heart due to the injuries he sustained in Vietnam. He contends he was not aware that he could be issued the award until he was advised by a physician at the Department of Veterans Affairs Health Clinic.
3. The applicant does not provide any documentation.
CONSIDERATION OF EVIDENCE:
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 applicants 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. While it appears 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, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show he was inducted into the Army of the United States on 17 April 1967 for a period of 2 years. Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 12B (Combat Engineer).
3. A copy of the applicants DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company B, 35th Engineer Battalion (Combat) while serving in Vietnam during the period 4 September 1967 through 3 September 1968. He was honorably released from active duty on 16 April 1969 by reason of expiration of term of service after serving a total of 2 years of net service and 11 months and 20 days of foreign service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal, the RVN Campaign Medal with Device (1960), two Overseas Service Bars, and an Expert Marksmanship Qualification Badge for an unknown weapon.
5. Item 41 (Awards and Decorations) of his DA Form 20 shows award of the National Defense Service Medal, Vietnam Service Medal, the RVN Campaign Medal with Device (1960) and two Overseas Service Bars.
6. The applicant's name does not appear on the Vietnam Casualty Roster. Item 40 (Wounds) of the DA Form 20 is void of any entries.
7. A review of the available medical documents do not contain any information pertaining to the treatment of any wounds or injuries the applicant sustained.
8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected to show award of the Purple Heart was carefully considered and it is not supported by the evidence.
2. There is no evidence of record and the applicant has not provided any to show he was wounded as a result of hostile action, that he was treated by medical personnel, and that his treatment was made a matter of official record. Item 40 of his DA Form 20 is also void of any entries. Therefore, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ 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 that 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.
ABCMR Record of Proceedings (cont) AR20100000996
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ABCMR Record of Proceedings (cont) AR20100000996
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