IN THE CASE OF:
BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110003579
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 military records to show award of the Purple Heart for facial injuries he received in combat while serving in the Republic of Vietnam (RVN).
2. The applicant states he returned to the United States before the paperwork for his Purple Heart was completed.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and medical diagnoses, dated in 2010, to support his request for service connection for Bells Palsy and headaches. He also indicates he submitted copies of his military medical records dating back to 1972; however, they were not received with his application.
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. On 31 August 1970, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. On 22 January 1971, the applicant departed Fort Polk, Louisiana for duty in the RVN. On 15 March 1971, he was assigned to 2nd Battalion, 502nd Infantry Regiment. On 31 December 1971, he departed the RVN.
4. On 6 February 1972, the applicant was assigned to Fort Sill, Oklahoma.
5. On 30 August 1973, the applicant was released from active duty. He had attained the rank of specialist four/E-4 and completed 3 years of creditable active service.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Bronze Star Medal (BSM)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (SS with Rifle Bar)
7. The applicants name is not listed on the Vietnam Casualty Roster.
8. The applicants DA Form 20 (Record Enlisted Qualification) shows in:
* Item 40 (Wounds) No entry
* Item 41 (Awards and Decorations): NDSM, VSM, BSM, SS with Rifle Bar, and the Combat Infantryman Badge
9. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is 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.
10. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests, in effect, correction of his military records to show award of the Purple Heart for facial injuries he received in combat while serving in the RVN.
2. There are no available general orders showing the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster and Item 40 of his DA Form 20 does not show a record of any wounds received in action.
3. The applicant has not provided medical evidence that sufficiently shows he was wounded while in the RVN as a result of enemy action.
4. 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 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) AR20110003579
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ABCMR Record of Proceedings (cont) AR20110003579
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