IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110015900
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 military records to show award of the Purple Heart for a wound received in the Republic of Vietnam (RVN).
2. The applicant states he was wounded on 1 March 1967 and was treated at a field hospital and was returned to duty. He subsequently returned to the RVN for a second tour of duty.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a newspaper clipping, and a personal data list.
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. On 16 August 1965, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11C (Infantryman Indirect Fire Crewman).
3. On 6 April 1966, the applicant departed Fort Dix, New Jersey for duty in the RVN.
a On 8 April 1966, he was assigned for duty with Company B, 1st Battalion, 14th Infantry Regiment.
b. On 12 February 1967, he was assigned for duty as a forward observer with Headquarters and Headquarters Company, 1st Battalion, 14th Infantry Regiment.
c. On 3 April 1967, he departed the RVN for duty with Company E, 1st Battalion, 20th Infantry Regiment, located at Fort Hood Texas.
d. On 5 December 1967, the applicant went back to the RVN with the 20th Infantry Regiment.
e. On 2 August 1968, the applicant returned to the U.S.
4. On 5 August 1968, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4 and had completed 2 years,
11 months and 20 days of creditable active duty.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Vietnam Campaign Medal
6. The applicants name is not listed on the Vietnam Casualty Roster.
7. Item 40 (Wounds) of the applicants DA Form 20 (Record Enlisted Qualification) is blank.
8. The applicant's service medical records are not available for review.
9. The newspaper clipping [no date indicated] provided by the applicant reports that he had served in the RVN for a year and had been wounded on 1 March [no year given]. It also stated that he had been awarded the Purple Heart.
10. The personal data information provided by the applicant does not indicate the source of the data but shows he suffered a surgical wound infection and had been awarded a Purple Heart which was never received.
11. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
12. Army Regulation 600-8-22 provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show award of the Purple Heart for a wound received in the RVN.
2. There are no available general orders showing the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. Item 40 of his DA Form 20 does not show a record of any wounds received in action.
3. The evidence provided by the applicant clearly states he was wounded and had received the Purple Heart; however, there is no evidence of record that sufficiently corroborates his claim.
4. In view of the above, the applicant's request should be denied.
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) AR20110015900
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ABCMR Record of Proceedings (cont) AR20110015900
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