IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110020960
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 he was awarded the Purple Heart.
2. The applicant states he has discovered that the Purple Heart was inadvertently omitted from his DD Form 214.
3. The applicant provides his DD Form 214 and a Purple Heart Certificate.
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 on 20 August 1969. He completed training as an ammunition storage specialist. He arrived in Vietnam on 9 April 1970.
3. The applicant departed Vietnam en-route to the U.S. on 11 March 1971. He was honorably released from active duty on 24 March 1971 as an overseas returnee. His DD Form 214 shows he is authorized the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* one Overseas Service Bar
* Marksman Marksmanship Qualification Badge (Rifle M-16)
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)
4. A review of the applicants records does not contain orders showing he was awarded the Purple Heart. Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) does not show he was wounded while he was in Vietnam.
5. Review 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 United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.
6. The applicant's name is not shown on the Vietnam Casualty Listing as a battle causality.
7. The applicant submits a Purple Heart Certificate that shows he was awarded the Purple Heart for wounds received in action on 19 February 1971.
8. 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 applicants contentions have been noted. His supporting evidence has been considered.
2. However, the Purple Heart Certificate he submits is not sufficiently mitigating to warrant the requested relief.
3. There are no orders contained in his official record or in ADCARS awarding him the Purple Heart. Item 40 on his DA Form 20 does not show he was wounded while he was in Vietnam and his name is not shown on the Vietnam Casualty Listing as a battle casualty.
4. In view of the foregoing, the applicants request should be denied.
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) AR20110020960
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ABCMR Record of Proceedings (cont) AR20110020960
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