IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110012413
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 award of the Purple Heart (PH).
2. The applicant states the PH is not listed in his record because:
a. he was discharged with a temporary record; and
b. the PH was sent to him after he was discharged from the Army.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicant's 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 applicant's 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 on 14 September 1970. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 3 March 1971 to 6 January 1972. Item 40 (Wounds) contains no entries.
4. The applicant's record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN or at any other time during his active duty service. Further, there are no orders or documents indicating he was ever recommended for or awarded the PH by proper authority.
5. On 14 February 1972, the applicant was honorably released from active duty after completing 1 year, 5 months, and 1 day of creditable active duty service. The DD Form 214 issued at that time lists the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device 1960
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with M-60 Machine Gun Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with M-79 Grenade and 45 Caliber Pistol Bars
6. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. There is no entry pertaining to the applicant in this list of RVN casualties.
7. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the PH. 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.
8. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the PH. There is insufficient evidence to support this claim.
2. Item 40 of the applicant's DA Form 20 is blank. The applicant's name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties. Absent evidence to corroborate that he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.
3. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him 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) AR20110012413
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ABCMR Record of Proceedings (cont) AR20110012413
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