IN THE CASE OF:
BOARD DATE: 16 February 2012
DOCKET NUMBER: AR20110016256
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 and issuance of the medals and awards listed on his DD Form 214.
2. He states:
* he was wounded 2 days prior to his Republic of Vietnam (RVN) tour ending and he was transferred; therefore, he never received his medals for combat while serving in the RVN
* his wounds were recorded at the hospital in Nha Trang
3. He submitted an email, dated 22 June 2011.
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 served in the Army in an enlisted status from 25 November 1966 to 2 October 1967; he was discharged and commissioned as a second lieutenant on 3 October 1967.
3. His DA Form 66 (Officer Qualification Record) shows in:
a. item 17 (Foreign Service), he served in the RVN from 5 April 1968 to 2 April 1969;
b. item 18 (Record of Assignments), he was assigned to Headquarters and Headquarters Battery, 5th Battalion, 42d Artillery Regiment, from 5 April to 3 May 1968;
c. item 18, he was assigned to C Battery, 5th Battalion, 42d Artillery Regiment, from 4 May to 28 October 1968;
d. item 18, he was assigned to the U.S. Military Assistance Command, Vietnam from 15 November 1968 to 31 March 1969; and
e. item 21 (Awards and Decorations), Special Orders Number 21, issued by Headquarters, 5th Battalion, 42d Artillery Regiment, Fort Bragg, NC, dated 4 March 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar. It does not show award of the Purple Heart.
4. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders on file for the applicant awarding him the Purple Heart.
5. His name is not listed on the Vietnam casualty roster.
6. There are no medical records in his official military personnel file that show he was wounded due to hostile action in the RVN.
7. He submitted an email, dated 11 July 2011, to his Senator which states, in effect:
a. While serving in the RVN, he was awarded several awards to include the Bronze Star Medal, which he did not receive.
b. While engaging the enemy a bullet grazed his left knee which was dressed by a field medic. He was told his RVN tour had ended and that if he wanted to be treated further his departure would be delayed. He chose to leave the RVN.
c. He requested issuance of the awards listed on his DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while 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 regulation governing award of Purple Heart indicates the wound for which the award is being made must have been 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. Regrettably, there is no evidence in the applicant's record and he provided insufficient evidence to show he was wounded as a result of hostile action and was awarded the Purple Heart or that he meets the above criteria. Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the Purple Heart.
3. Service medals and awards are not issued by the ABCMR. However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 9700 Archives Drive, St. Louis, MO, 63138.
BOARD VOTE:
___X_____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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) AR20110016256
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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