BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100026338
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for wounds received during his service in the Republic of Vietnam (RVN).
2. The applicant states he should have received the Purple Heart for wounds received during his service in the Republic of Vietnam; however, he did not get it due to his early discharge and it is not listed on his DD Form 214. He contends he was wounded during a rocket attack within 3 1/2 months of his arrival in the RVN and he was treated by a medic at a Mobile Army Surgical Hospital unit.
3. The applicant provides copies of the citations for his two Army Commendation Medals.
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 the following:
Event
Dates
inducted into the Army of the United States
5 May 1969
completed training and was awarded military occupational specialty 16F (Light Artillery Crewman)
September 1969
assigned as an assistant machine gunner with Battery D, 71st Artillery Regiment, in the RVN
25 October 1969 to 10 November 1970
released from active duty
12 November 1970
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Soldier's Medal, and Army Commendation Medal with 1st Oak Leaf Cluster.
4. The applicant's DA Form 20 (Enlisted Qualification Record) does not show he was wounded in action or that he was awarded the Purple Heart.
5. 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.
6. The Vietnam casualty roster does not list the applicant's name.
7. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.
8. A review of the two award citations provided by the applicant failed to show he was wounded in the performance of his duties.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart.
2. There are no available general orders awarding the applicant the Purple Heart. The applicant's name is not listed on the Vietnam casualty roster. The documentary evidence provided by the applicant does not state he was wounded in action.
3. In view of the above, the applicant's request should be denied.
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 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) AR20100026338
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ABCMR Record of Proceedings (cont) AR20100026338
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