IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110011840
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 final 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 he received wounds from the enemy during a fire fight in February or March 1966 at "Bon Song Province" [Bong Son was a village in Binh Dinh Province].
3. The applicant provides a copy of his DD Form 214 for the period ending 31 March 1972.
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 22 December 1954. The highest rank/grade he attained while on active duty was master sergeant/E-8. On 31 March 1972, the applicant was honorably retired and transferred to the U.S. Army Reserve Control Group (Retired).
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the periods16 August 1965 through 18 July 1966 and 20 October 1971 through 27 January 1972.
4. Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam:
* he was assigned to Company B, 1st Battalion, 7th Cavalry Regiment,
1st Cavalry Division as a platoon sergeant from 16 September 1965 to 2 March 1966
* he was assigned to Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division as a platoon sergeant from 3 March 1966 to 17 July 1966
* he was assigned to the U.S. Military Assistance Command, Vietnam, as a province team first sergeant from 26 October 1971 to 25 January 1972
* he was not placed in a patient status at a medical treatment facility at any time during his period of service
5. Item 40 (Wounds) of his DA Form 20 is blank.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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.
8. His name does not appear on the Republic of Vietnam Casualty Roster.
9. There is no evidence in the available record and he has not provided any evidence showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
10. Army Regulation 600-8-22 (Military Awards) provides that 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 that his record be corrected to show he was awarded the Purple Heart was carefully considered.
2. There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action. Accordingly, based on the foregoing there is insufficient evidence to award him 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) AR20110011840
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ABCMR Record of Proceedings (cont) AR20110011840
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