IN THE CASE OF:
BOARD DATE: 21 February 2012
DOCKET NUMBER: AR20110015319
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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 September 1973.
2. The applicant states:
* In 1967/1968 he was assigned to the 23rd Infantry, 101st Airmobile in Vietnam
* During a mortar attack he was injured by flying debris
* He was hit in the head and was hospitalized for 4 days
* This is documented in his service medical records
* He should have been awarded the Purple Heart
3. The applicant provides no documentary evidence.
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 26 January 1961 for a period of 3 years. He served as a heavy weapons infantryman and was honorably discharged on 9 December 1962 for immediate reenlistment. He reenlisted on 10 December 1962 for a period of 3 years. On 15 September 1965, he was honorably discharged for immediate reenlistment. He reenlisted on
16 September 1965 for a period of 6 years.
3. His DA Form 20 (Enlisted Qualification Record) shows he served as an indirect fire crewman assigned to Headquarters and Headquarters Company and Company E, 2nd Battalion (Airmobile) of the 502nd Infantry in Vietnam from
27 June 1967 to 16 June 1968. On 18 September 1973, he was honorably discharged for expiration term of service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 18 September 1973 shows the:
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Good Conduct Medal
* Good Conduct Medal with two loops
5. There are no orders for the Purple Heart in the available records.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. His name does not appear on the Vietnam casualty roster.
7. 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.
8. His service medical records are not available.
9. Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained 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 military personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. He contends he was injured by flying debris during a mortar attack in Vietnam.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* a wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
* official orders awarding the decoration
3. There are no orders for the Purple Heart in the available records. There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence to support adding the Purple Heart to his
DD Form 214.
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) AR20110015319
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ABCMR Record of Proceedings (cont) AR20110015319
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