IN THE CASE OF:
BOARD DATE: 21 July 2011
DOCKET NUMBER: AR20110001234
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 award of the Purple Heart and correction of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states he received shrapnel from a mortar round to the lower leg, for which he was treated at a field hospital.
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's records show he enlisted in the Regular Army, for a 3-year term, on 7 September 1966. He completed training and was awarded military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic).
3. His record shows he served in the Republic of Vietnam from 27 April 1967 through 26 April 1968. During his service in Vietnam he was assigned to Headquarters and Headquarters Company, 229th Aviation Battalion (Assault Helicopter), 1st Cavalry Division (Airmobile).
4. On 9 June 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation. His DD Form 214 shows he completed 2 years, 9 months, and 3 days of total active service, including 1 year of foreign service in Vietnam.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show a previous award of the Purple Heart.
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
7. His record does not contain any orders for the Purple Heart, nor does his name appear on the Vietnam casualty roster. Additionally, his service medical records are not available for review.
8. A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.
9. 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 request for award of the Purple Heart and correction of his
DD Form 214 to show this award was carefully considered; however, there is insufficient evidence to support his request.
2. Neither his available records nor the Vietnam casualty listing provide any evidence that he was wounded in Vietnam, that those wounds were the result of hostile action that required treatment, or that the resulting medical treatment was made a matter of official record.
3. In view of the foregoing, there is an insufficient basis in which to grant 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) AR20100015543
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ABCMR Record of Proceedings (cont) AR20110001234
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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