BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100027566
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.
2. The applicant states he was wounded in action and awarded the PH in the Republic of Vietnam (RVN); however, it was not included on his DD Form 214.
3. The applicant provides his DD Form 214.
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 initially inducted into the Army of the United States on
20 September 1966. After serving 6 days, he was discharged on 25 September 1966 and he enlisted in the Regular Army for a period of 3 years on
26 September 1966. He was trained in and awarded military occupational specialty (MOS) 71F (Postal Clerk), and he was promoted to specialist five (SP5)/E-5, on 1 February 1968, which is the highest grade he held on active duty.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 18 September 1967 to 16 September 1968. Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to the 46th Army Postal Unit (APU) performing duties in MOS 71F.
4. Item 40 (Wounds) of the applicants DA Form 20 is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations). Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on
6 December 1968.
5. The applicants Military Personnel Records Jacket (MPRJ) is void of orders or documents confirming the applicant was wounded in action or that indicate he was ever wounded in action in the RVN. It is also void of medical treatment records indicating he was ever treated for a combat-related wound.
6. On 6 September 1969, the applicant was honorably released from active duty after completing a total of 2 years, 11 months, and 17 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 1969 shows the:
* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
7. During the processing of this case, a staff member of the Board reviewed the DA Vietnam casualty roster. The applicant's name was not included on the roster.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the PH. It states the PH is awarded to members wounded in action. It also states in order to award the PH there must be evidence of the wound for which the award is being made was received
as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show the PH has been carefully considered. However, the evidence of record and independent evidence submitted by the applicant fails to support this claim.
2. By regulation, in order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment by medical personnel, and this medical treatment must have been made a matter of official record.
3. Item 40 of the applicants DA Form 20 is blank, which indicates he was never wounded in action, and the PH is not included in the list of earned awards in
item 41. Further, there are no orders or other documents in the applicant's MPRJ that indicate he was ever awarded the PH by proper authority, or that he was ever treated for a combat-related wound by medical personnel while serving in the RVN.
4. Absent any evidence confirming the applicant was wounded in action while serving in the RVN, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to award the applicant the PH at this late date.
5. The applicant and all others concerned should know this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20100027566
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100027566
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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