IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110008257
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 the Purple Heart was awarded for injuries received during his service in Vietnam but he declined it.
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 inducted into the Army of the United States, for a 2-year term, on 16 August 1966. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. Records show he served in Vietnam from on or about 5 January 1967 to on or about 5 January 1968. During this time he was assigned to Company A, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division.
4. His DD Form 214 shows he was honorably released from active duty on
15 August 1968. His DD Form 214 shows he completed 2 years of net service during this period of active duty, including 1 year and 1 day of foreign service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* 2 overseas service bars
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank, indicating he did not sustain any wounds during his military service.
7. His available record does not contain orders for the Purple Heart, nor does his name appear on the Vietnam casualty roster.
8. His available record also does not contain any medical documents pertaining to the treatment of any wounds or injuries he sustained during his service in Vietnam.
9. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 award of the Purple Heart was carefully considered; however, there is insufficient evidence to support his request.
2. Neither his available records, nor the Vietnam casualty roster, provide any evidence he was wounded in Vietnam, that those wounds were the result of hostile action that required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.
3. In view of the foregoing, there is an insufficient basis on 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) AR20110008257
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