IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110020297
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 his Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded the Purple Heart for wounds received in action during the TET Offensive 1968 while fighting at the Military Assistance Command Vietnam.
3. The applicant provides his DD Form 214.
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 served in the Army of the United States from 18 May 1966 through 2 March 1968. He served in the Republic of Vietnam (RVN) from on or about 4 March 1967 to 29 February 1968 as a radio teletype operator assigned to the 155th Aviation Company, Camp Coryell, Ban Me Thuot, RVN.
3. The applicant's records contain a DA Form 20 (Enlisted Qualification Record). This document contains a block (40) for recording wounds and a block (41) for listing awards and decorations. Block 40 is blank, and Block 41 does not list the Purple Heart.
4. There are no orders in the applicant's Official Military Personnel File awarding him the Purple Heart. Furthermore, his name does not appear on the Vietnam Casualty Roster as having been wounded in the RVN.
5. The applicant's medical records are not available, with the exception of his separation physical examination. There is no mention of wounds in the physical examination documents.
6. 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. The applicant requests the Purple Heart be added to his DD Form 214.
2. There is no evidence of record to show the applicant was wounded or awarded the Purple Heart.
3. The applicant has not shown entitlement to the Purple Heart.
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) AR20110020297
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ABCMR Record of Proceedings (cont) AR20110020297
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