IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110015834
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:
* he received the Purple Heart after a mortar attack in Da Nang, Vietnam in November 1969
* he received the Purple Heart from a colonel in a medical facility
* at the time he was not sure paperwork was needed, now his family thinks that it is important to have the Purple Heart listed in his records
* he knows what happened and why he received the medal; it has been one of those things you try to forget, but his family has helped him by talking to him about it
* he still has the medal and he is proud of it
3. The applicant provides:
* self-authored statements
* 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 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 15 July 1968. He was awarded military occupational specialties 76S (Automotive Repair Parts Specialist) and 76P (Stock Control and Accounting Specialist). The highest rank/grade he attained while on active duty was specialist five/E-5.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows the following:
a. Item 31 (Foreign Service) he was in the Republic of Vietnam from 15 December 1968 through 12 December 1969.
b. Item 38 (Record of Assignments) he was assigned to the 74th Supply Company while in the Republic of Vietnam.
c. Item 40 (Wounds) is blank.
d. Item 41 (Awards and Decorations) he was awarded the following:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge (M-16)
* Marksman Marksmanship Qualification Badge (Rifle)
4. The applicant's DD Form 214 shows the following:
a. Item 22c (Foreign Service) U.S. Army Pacific (USARPAC), 11 months and 28 days.
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following:
* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal
* Vietnam Campaign Medal
* 2 Overseas Service Bars
5. A review of his personnel service records failed to show evidence and he did not provide any evidence showing that he was ever awarded or recommended for award of the Purple Heart.
6. On 14 July 1971, he was honorably released from active duty after completing 3 years of creditable active service.
7. There is no evidence in the available record 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. Additionally, 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 any orders for the Purple Heart pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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 for award of 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.
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) AR20110015834
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ABCMR Record of Proceedings (cont) AR20110015834
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