IN THE CASE OF:
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110015125
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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to list the Army Commendation Medal and the Purple Heart.
2. The applicant states his DD Form 214 does not list medals he received after leaving active duty.
a. he received a head injury during a mortar attack in Phouc Vihn in May 1968. The battery medic used clips to close the wound. The medic was going to put in the paper work.
b. he served with A Battery, 2/11th Artillery while in Vietnam. He left active duty in August 1968
c. he did receive the Army Commendation Medal.
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 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 on 21 November 1966. He completed training and was awarded military occupational specialty (MOS)
36K (Wireman). He later reclassified into MOS 63C (General Vehicle Repairman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) that he was assigned in Vietnam to the 2d Battalion, 11th Artillery from 18 January 1968 through 12 August 1968; and
b item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Vietnam Service Medal.
4. The applicant's DD Form 214 shows he was honorably released from active duty on 20 August 1968, as a sergeant/E-5. He had completed 1 year and
9 months of total active 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, Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
6. There are no available orders showing he was awarded the Army Commendation Medal.
7. His service medical records are not available. His name does not appear on the Vietnam Casualty Roster.
8. 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 orders awarding the applicant the Purple Heart or the Army Commendation Medal.
9. Army Regulation 600-8-22 (Military Awards) provides:
a. the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under hostile action. A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record; and
b. the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. There are no available orders showing he was awarded the Army Commendation Medal.
2. There is no official documentation to show the applicant was wounded or that he received treatment for wounds as a result of hostile action; therefore, the evidence is insufficient to base award of the Purple Heart.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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 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) AR20100025029
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110015125
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