IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100013127
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 that he be awarded the Purple Heart.
2. The applicant states:
* He should have received the Purple Heart
* He went in pursuit of the enemy and he believes not being awarded the Purple Heart was an oversight
* He was not on a medical evacuation flight and he believes this was the cause of him not being awarded the Purple Heart
3. The applicant provides:
* Photographs of an armored personnel carrier
* A self-authored, undated letter
* Department of Veterans Affairs, Statement in Support of Claim dated 25 February 2010
* The front page of General Orders Number 1918, dated 22 October 1970
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 was inducted into the Army on 29 January 1970. He completed training as a light weapons infantryman and he arrived in Vietnam on 8 July 1970.
3. The applicant departed Vietnam en route to the U.S. on 3 July 1971. He was released from active duty on 7 October 1971 and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transferor Discharge) does not show the Purple Heart.
5. There are no orders in the applicant's records showing he was awarded the Purple Heart and his name is not shown on the Vietnam Casualty Listing.
6. 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 awarding the applicant the Purple Heart.
7. The applicant provides a self-authored, undated letter stating that he sustained shrapnel wounds to his arms and leg on 11 October 1970, while he was in Vietnam. He also states that he assisted other Soldiers who are listed in the copy of General Orders Number 1918 that he also provides. He provides a VA Statement in Support of Claim stating the events that he contends occurred on 11 October 1970, at the time he was wounded.
8. Army Regulation 600-8-22 (Military Awards) states 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 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 contentions have been noted; however, they are not substantiated by the evidence of record.
2. There is no evidence in the available record, nor has the applicant submitted sufficient evidence to show he is authorized the award of the Purple Heart.
3. Additionally neither the Vietnam Casualty Listing nor his DD Form 214 shows he was wounded in action while he was in the Army.
4. As previously stated, there are no orders in ADCARS or in his official records showing that orders were published awarding him the Purple Heart. He has provided insufficient evidence to support of contention that he is authorized the award of the Purple Heart.
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) AR20100013127
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ABCMR Record of Proceedings (cont) AR20100013127
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