IN THE CASE OF:
BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110018806
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 he was wounded in battle.
3. The applicant provides his DD Form 214.
COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:
1. Counsel requests, in effect, correction of the applicant's DD Form 214 to show award of the Purple Heart.
2. Counsel states their office should be kept advised of any further action.
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 was appointed in the Army of the United States on 30 November 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).
3. He served in Vietnam from on or about 15 May 1967 to on or about 5 May 1968. He was assigned to the Company B, 2nd Battalion, 1st Infantry, 196th Infantry Brigade.
4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows subsequent to departing Vietnam, he was assigned in a patient status to the Medical Hold Detachment at Fort Belvoir, VA. The nature of his hospitalization is not available for review with this case.
5. He departed Fort Belvoir, VA, enroute to Fort Campbell, KY, where he remained until his separation. He was honorably released from active duty on 29 November 1968. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device
* Two overseas service bars
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
6. Item 40 (Wounds) of his DA Form 20 does not reflect a combat wound or injury.
7. His records do not contain general orders authorizing him award of the Purple Heart and his name is not shown on the Vietnam casualty roster.
8. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. His service medical records are not available for review with this case.
10. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against and 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The criteria for the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. His name is not listed on the Vietnam casualty roster. His service medical records are not available for review with this case.
3. Notwithstanding the applicant's contention and sincerity, in the absence of documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence 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) AR20110018806
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ABCMR Record of Proceedings (cont) AR20110018806
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