IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110021340
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 and the Army Commendation Medal.
2. The applicant states he was awarded the Purple Heart and the Army Commendation Medal while in Vietnam.
3. The applicant provides:
* a Republic of Vietnam Certificate of Service
* a citation for the Army Commendation Medal
* his DD Forms 214 for the period ending 1 December 1969 and
10 November 1972
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 requested that the Army Commendation Medal be added to his DD Form 214. His DD Form 214 for the period ending 10 November 1972 currently shows he was awarded the Army Commendation Medal. Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant enlisted in the Regular Army on 2 December 1965 for a period of 4 years. He served as a personnel specialist in Vietnam from 6 August 1967 to 5 August 1968. He was honorably discharged on 1 December 1969 for the purpose of immediate reenlistment.
4. He reenlisted on 2 December 1969 for a period of 3 years. On 10 November 1972, he was honorably discharged prior to the expiration of his term of service by reason of early release for employment.
5. The DD Forms 214 for the period ending 1 December 1969 and 10 November 1972 do not show the Purple Heart as an authorized award.
6. There are no orders for the Purple Heart in the available records.
7. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
8. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart.
9. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.
10. A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
11. 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 contends he was awarded the Purple Heart while in Vietnam.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* a wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
* official orders awarding the decoration
3. There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Vietnam. He is not listed on the Vietnam casualty listing or ADCARS and there are no orders for the Purple Heart in the available records.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 our Nation. 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) AR20110021340
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ABCMR Record of Proceedings (cont) AR20110021340
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