BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110018309
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 that he be awarded the Purple Heart.
2. The applicant states that he was wounded in Vietnam and refused to accept the Purple Heart; however, he desires to have it awarded at this time.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his discharge from the U.S. Army Reserve.
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 in Charlotte, North Carolina on 23 May 1968. He completed basic training at Fort Bragg, North Carolina and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 20 October 1968.
3. He was assigned to Company D, 1st Battalion, 20th Infantry Regiment, 11th Infantry Brigade. He was advanced to the pay grade of E-4 on 7 December 1968.
4. He departed Vietnam on 18 October 1969 and was transferred to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 2 June 1970 due to expiration term of service. He had served
2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam Campaign Medal, Combat Infantryman Badge and Bronze Star Medal.
5. A review of the available records fails to show any evidence of the applicant being wounded in Vietnam. Additionally, the applicants name is not contained on the Vietnam Casualty Listing.
6. A search 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 orders awarding the applicant the Purple Heart pertaining to the applicant.
7. 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 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. While the sincerity of the applicants claim that he was wounded in Vietnam is not in doubt he has failed to support his contention through the evidence of record and the evidence submitted with his application.
2. The available records show no evidence of the applicant being wounded or injured in Vietnam and absent such evidence there appears to be no basis to award him the Purple Heart at this time.
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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. 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) AR20110018309
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ABCMR Record of Proceedings (cont) AR20110018309
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