IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100016371
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 correction of his record to show award of the Purple Heart.
2. The applicant states he injured his neck and back during a deployment to the Republic of Vietnam when he served on a Special Forces team. He states he received shrapnel wounds and has not received a Purple Heart for his wounds.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 30 November 1982.
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 in the Army of the United States on 13 October 1960. He completed his initial entry training and was awarded military occupational specialty 911.10 (Medical Specialist). He was honorably released from active duty on 12 October 1962 and transferred to the U.S. Army Reserve Control Group (Annual Training).
3. On 23 October 1964, he enlisted in the Regular Army for a 3-year period and served in MOS 91B (Medical Specialist). He served continuously through reenlistments.
4. Records show he served in the Republic of Vietnam from on or about 15 November 1968 to 26 October 1969 with Headquarters and Headquarters Detachment, 108th Artillery Group. His second tour was from 28 August 1971 to 27 November 1972 with U.S. Army Vietnam Training Group.
5. The applicant was honorably retired from active duty on 30 November 1982 and transferred to the U.S. Army Reserve Control Group (Retired).
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending on 30 November 1982 shows these awards:
* Army Service Ribbon
* Bronze Star Medal with oak leaf cluster
* Combat Medical Badge
* Army Good Conduct Medal with bronze and four loops
* Noncommissioned Officer Professional Development Ribbon with numeral "2"
* National Defense Service Medal
* Overseas Service Ribbon with numeral "2"
* Expert Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Civil Actions Honor Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with one silver and one bronze service star
* Meritorious Service Medal
* Army Commendation Medal
7. The applicant's name is not listed on the Vietnam casualty roster as being injured during combat operations.
8. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart.
9. Army Regulation 672-5-1 (Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services was wounded, killed, or who died as a result of a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was wounded while serving in the Republic of Vietnam. However, his record is devoid of documentary evidence to support his contention. The applicant's name does not appear on the Vietnam casualty roster as being wounded in action. Therefore, in the absence of military and medical records showing the applicant was wounded and treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart.
2. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit such evidence.
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) AR20100016371
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ABCMR Record of Proceedings (cont) AR20100016371
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