IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110016690
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.
2. The applicant states he was wounded and evacuated from Vietnam to Camp Zama, Japan. He was injured in combat in Vietnam and he should be entitled to a Purple Heart.
3. The applicant provides copies of his:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 May 1971
* DD Form 214 for the period ending 20 May 1974
* DD Form 214 (Report of Separation from Active Duty) for the period ending 25 June 1976
COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:
Counsel did not provide any comments or evidence regarding the applicant's case.
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 May 1968 for a period of
3 years. He completed training and he was awarded military occupational specialty (MOS) 36K (Field Wireman). He subsequently reenlisted and reclassified into MOS 45K (Tank Turret Repairman).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) he served in Vietnam from 25 April through
24 September 1970.
b. item 38 (Record of Assignments) he was reassigned from Vietnam to the U.S. Army Hospital in Camp Zama, Japan as a patient on 9 May 1970.
c. item 40 (Wounds) no entry.
d. item 41 (Awards and Decorations) no entry for the Purple Heart.
4. The applicant's DD Form 214 for the period ending 28 May 1971 shows he was honorably released from active duty as a specialist four (SP4)/E-4. He completed 2 years, 11 months, and 28 days of total active service during the period covered by this DD Form 214.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Purple Heart. Additionally, subsequent DD Forms 214 do not list the Purple Heart.
6. 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.
7. The applicants record contains a Standard Form (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History) that were completed on
25 February 1971 for the purpose of separation. Neither form lists any injury or wound he received while on active duty.
8. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name.
9. His medical records are not available for review. It appears his medical records are with the Department of Veterans Affairs.
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.
DISCUSSION AND CONCLUSIONS:
1. ADCARS does not contain orders for the Purple Heart pertaining to the applicant and the Vietnam casualty listing does not contain the applicant's name. Although he was reassigned from Vietnam to the U.S. Army Hospital in Camp Zama, Japan in a patient status, there is no available evidence and he did not provide any evidence that shows he was wounded in action against an enemy force or as a result of hostile action.
2. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20110016690
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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