IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110016645
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 although he was wounded while serving in the Republic of Vietnam he never received the Purple Heart. He would like his record reviewed to see if the Purple Heart was issued and if not, requests that the process be started to award him the Purple Heart. He thought he was recommended for the Purple Heart, but he has not heard anything since he was discharged. He has also filed a claim with the Regional Office of the Department of Veterans Affairs located in Detroit, MI.
3. He provides his 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 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. His record shows he was inducted into the Army of the United States on 30 July 1969. He served in the Republic of Vietnam from 6 January 1970 to 4 March 1971. The highest rank/grade he attained while serving on active duty was specialist four/E-4. On 5 March 1971, he was released from active duty under honorable conditions and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he was placed in a patient status at a medical treatment facility at any time during his period of service
4. Item 40 (Wounds) of his DA Form 20 is blank.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
6. The applicant's record contains a Standard Form 89 (Report of Medical History) [signed by the applicant] and a Standard Form 88 (Report of Medical Examination) rendered on 20 June 1968 at the time of his preseparation medical examination. Neither of these documents indicates that he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the Purple Heart.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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.
9. There is no evidence in the available record and he has not provided any evidence 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.
10. His name does not appear on the Republic of Vietnam casualty roster.
11. Army Regulation 600-8-22 (Military Awards) provides that 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 that 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 that his record be corrected to show he was awarded the Purple Heart was carefully considered.
2. However, 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.
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.
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