BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110018293
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. He states the medal was presented to him at the Base Camp in Vietnam. He has the medal, but he just needs it listed on his DD Form 214. His medical records show he received treatment for a left leg injury.
3. He provides his DD Form 214 and a Department of Veterans Affairs (VA) Waco Regional Office, Rating Decision.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States on 13 April 1966.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service), he served in Vietnam from 22 December 1966 to 19 December 1967
* item 38 (Record of Assignments), no evidence of him being hospitalized in a patient status at any time
* item 40 (Wounds), no entries
* item 41 (Awards and Decorations), no award of the Purple Heart
4. His service record does not contain orders which show he was awarded the Purple Heart and the Vietnam Casualty Roster does not list his name.
5. He was honorably released from active duty on 15 April 1968. His DD Form 214 does not show award of the Purple Heart.
6. He provided a copy of Page 2 of his VA Waco Regional Office, Rating Decision, dated 13 June 2002. Paragraph 3 of this document states, in part, Although there is a record of treatment in service for left leg condition the record of treatment is not available and the second page of the rating decision is not available.
7. His service record does not contain any medical documentation that shows he was wounded as a result of hostile action in Vietnam.
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 pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained 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 applicant contends his medical records show he received treatment for his left leg injury. However, no medical documentation is available which shows he was wounded as a result of hostile action and his name is not listed on the Vietnam Casualty Roster.
2. In accordance with the regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment must have been made a matter of official record.
3. The VA Rating Decision provided by the applicant is noted. However, this document alone is insufficient as a basis to award the Purple Heart.
4. In the absence of evidence that shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to base award of the Purple Heart in this case.
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) AR20110018293
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ABCMR Record of Proceedings (cont) AR20110018293
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