IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110015993
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 be entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was wounded in action during his first tour in Vietnam in 1966. He was treated on the battlefield. The Purple Heart was sent to his father's house. It was destroyed in a fire and he has no physical proof now.
3. The applicant did not provide any additional documents.
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 enlisted in the Regular Army on 31 August 1965. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He subsequently reenlisted and retained his MOS of 11B.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) he was in Vietnam from February 1966 through February 1967 and from August 1967 through August 1968;
b. item 40 (Wounds) no entries; and
c. item 41 (Awards and Decorations) no listing of the Purple Heart.
4. Neither the Standard Form (SF) 88 (Report of Medical Examination) used for his November 1969 reenlistment nor the SF 89 (Report of Medical History) that he provided list any wounds.
5. The applicant was released from active duty on 19 January 1976 as a staff sergeant/E-6. He completed total of 9 years, 1 month, and 18 days of active service.
6. Neither his 1969 nor 1976 DD Forms 214 list the Purple Heart in Item
24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).
7. A review of the applicant's military personnel record failed to reveal any evidence he was authorized or awarded the Purple Heart.
8. A review of the Vietnam casualty roster does not contain the applicant's name.
9. 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.
10. Army Regulation 600-8-22 (Military Awards) provides that 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. Substantiating evidence must be provided to verify the wound was the result of hostile action.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was awarded the Purple Heart because he was wounded in action while serving in Vietnam in 1966. The Purple Heart Medal was destroyed in a fire.
2. There is no substantiating evidence to verify the applicant was wounded in action against an enemy or as a result of hostile action. His SFs 88 and 89 did not list any wounds or injuries.
3. In view of the foregoing, there is insufficient evidence to support the applicant's request for adding of 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 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) AR20110015993
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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