IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110006746
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 in the Republic of Vietnam (RVN).
2. The applicant states he received a concussion while in the RVN and should be awarded the Purple Heart. He contends that his service medical records will verify his contention.
3. The applicant provides a copy of 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. On 14 November 1967, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. On 21 June 1968, the applicant was assigned for duty in the RVN.
a. On 27 June 1968, he was assigned as a rifleman with Company A, 2nd Battalion, 503rd Infantry Regiment, 173rd Infantry Brigade.
b. On 31 October 1968, he was reassigned within his company as an automatic rifleman.
c. On 31 January 1969, he was reassigned as a team leader within the same company.
d. On 26 July 1969, he was reassigned to the U.S. Army Support Command, Qui Nhon for duty as an assistant squad leader.
e. On 4 February 1970, he departed the RVN.
4. On 18 March 1970, the applicant was assigned to Fort Bragg, North Carolina.
5. A Standard Form 88 (Report of Medical Examination), dated 12 October 1970, makes no mention of a concussion, or any other wounds that may have been received as a result of combat while in the RVN. The corresponding Standard Form 89 (Report of Medical History) and the applicant's service medical records are not available for review.
6. On 13 November 1970, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 3 years of creditable active duty service.
7. 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
* Vietnam Service Medal
* Parachutist Badge
* Combat Infantryman Badge
* Army Commendation Medal
* Vietnam Campaign Medal
* Bronze Star Medal
8. The applicants name is not listed on the Vietnam Casualty Roster.
9. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) is blank.
10. 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 United States Army Human Resources Command.
11. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force 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 contends that his DD Form 214 should be corrected to show award of the Purple Heart for a concussion he received while serving in the RVN.
2. There are no available general orders awarding the applicant the Purple Heart. The Vietnam Casualty Roster does not contain the applicant's name. The applicant's DA Form 20 does not indicate he received any wounds while in action. The applicant has not provided substantiating evidence to support his contention that he was wounded as a result of enemy 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 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) AR20110006746
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ABCMR Record of Proceedings (cont) AR20110006746
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