BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110017890
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, in effect, correction of his records to show award of the Purple Heart.
2. He states he was wounded during a firefight with the enemy in Chu Lai, Vietnam, in May 1968. He states he received the Purple Heart and Bronze Star Medal.
3. He provides no additional evidence.
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. He enlisted in the Regular Army on 28 December 1966. Upon completion of training, he served in military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows:
* item 31 (Foreign Service) he served in Vietnam from June 1966 to June 1967
* item 40 (Wounds) no entry
* item 41 (Awards and Decorations) no award of the Purple Heart or Bronze Star Medal
4. On 13 November 1968, he underwent a separation physical examination. The Standard Form 89 (Report of Medical History), which was completed by the applicant, shows he checked the "Yes" block indicating the only illness or injury he had was related to pneumonia. The Standard Form 88 (Report of Medical Examination) shows the attending physician noted the applicant had two tattoos on his right and left upper arms. No other injuries or wounds were noted.
5. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 20 December 1968. It does not show he was awarded the Purple Heart or Bronze Star Medal.
6. The applicant's name does not appear on the Vietnam casualty roster.
7. 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 awarding him the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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 medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. His request for correction of his records to show award of the Purple Heart was carefully considered; however, it is not supported by the available evidence of record.
2. During the applicant's separation physical examination neither he nor the attending physician noted any injuries he had sustained during his tour in Vietnam. Receiving wounds as a result of hostile action would have certainly been worth noting during his separation from the service.
3. His record contains no evidence and he has not provided evidence to show he was injured as a result of hostile action, he received medical treatment for his injuries, and the medical treatment was made a matter of record.
4. In the absence of such evidence, there is an insufficient basis on which to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X___ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20110017890
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ABCMR Record of Proceedings (cont) AR20110017890
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