BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110008435
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 is missing on his DD Form 214
* he was wounded on 31 January 1968
* the general order awarding him the Purple Heart was not in his service record when he was discharged
* he received an early out (discharge) to reenter college
* his Purple Heart Certificate was signed by W.C.W. and did have a general order with it at the time
3. The applicant provides a copy of his:
* Purple Heart Certificate
* DD Form 214
* extracts from his military personnel records
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 enlisted in the Regular Army on 30 November 1966. He completed training and was awarded the military occupational specialty 71H (Personnel Specialist). The highest rank/grade he attained while on active duty was specialist five/E-5.
3. Item 22c (Foreign Service) of his DD Form 214 shows he served in the Republic of Vietnam for 11 months and 25 days. The applicant was assigned to the Adjutant General Company, Special Troops and Casualty Medical Evaluation Division.
4. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant served in the Republic of Vietnam during the period 23 November 1967 through 17 November 1968.
5. Item 40 (Wounds) of the applicant's DA Form 20 contains no entries. Additionally, the applicant's DA Form 20 does not show he was in a patient status during his tour of duty in the Republic of Vietnam.
6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart.
7. There is no evidence in the available record showing he was awarded the Purple Heart and his name does not appear on the Vietnam Casualty Roster.
8. There are no telegrams or casualty reports in his records which would indicate he was wounded.
9. There are limited medical records, but none of those records speak to his being wounded.
10. 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 pertaining to the applicant.
11. The applicant provides a copy of his DD Form 214, extracts from his military personnel records, and a Purple Heart Certificate which shows the Purple Heart was issued to him 6 February 1968 for wounds received in action on 31 January 1968.
12. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a direct 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 military personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his records to show award of the Purple Heart was carefully considered.
2. There is no evidence in the applicant's records to show he was ever wounded in action in Vietnam. Without orders awarding the Purple Heart, or concrete evidence to prove he was wounded in action, the certificate he provided is insufficient to corroborate his entitlement to that award.
3. This action in no way diminishes the sacrifices made by the applicant 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) AR20110008435
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ABCMR Record of Proceedings (cont) AR20110008435
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