IN THE CASE OF:
BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100025460
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. He states he:
* Was injured as a direct result of enemy action in Vietnam
* Stills carries the scars, physically and emotionally
* Was never issued a Purple Heart
3. He provides no supporting documents.
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 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. 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 applicant's 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 8 May 1967 and served until he was transferred to the U.S. Army Reserve Control Group (Annual Training) on 7 May 1969 after serving honorably for 2 years. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) he served in the Republic of Vietnam from 14 October 1967 to 29 August 1968;
b. item 38 (Record of Assignments) he was assigned to:
(1) Company C, 54th Infantry from 17 October 1967 to January 1968.
(2) Company C, 51st Infantry from January 1968 to 25 August 1968.
(3) He was hospitalized in Japan and Fort Gordon, GA at the end of his Vietnam tour; however, the reason for this hospitalization is not in the available record.
c. Item 40 (Wounds) contains no entry; and
d. Item 41 (Awards and Decorations) does not show award of the Purple Heart.
4. During the processing of this case, a member of the Boards staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any orders on file for the applicant awarding his the Purple Heart.
5. There are no orders in the applicant's records that show he was awarded the Purple Heart and his name is not listed on the Vietnam casualty roster.
6. There are also no medical records in his Official Military Personnel File that show he was wounded due to hostile action in Vietnam.
7. 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 regulation governing award of Purple Heart indicates the wound for which the award is being made must have been 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. Regrettably, there is no evidence in the applicant's record and he provided none to show he was wounded as a result of hostile action and he meets the above criteria. Therefore, there is insufficient evidence in which to base award of the Purple Heart or correction of his DD Form 214 to show this award.
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.
_______________________
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) AR20100025460
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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Headquarters, 1st Armored Division, General Orders Number 94, dated 4 September 1968, awarding him the Good Conduct Medal (1st Award); c. witness statement, dated 9 June 2008; d. Headquarters, 25th Infantry Division, General Orders Number 4694, dated 4 December 1967, awarding the witness the Purple Heart; e. Headquarters, 25th Infantry Division, General Orders Number 502, dated 4 February 1968, awarding the witness the bronze Star Medal; f. photographs of individuals marked with the...
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