IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110022069
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 for an injury he sustained while in the Republic of Vietnam (RVN).
2. The applicant states he is entitled to the Purple Heart due to an injury by enemy action. At the time of his discharge he requested award of the Purple Heart and was told he could stay and fill out the forms or go home. He chose to go home.
3. The applicant provides copies of his DD Form 214 and a Standard Form 600 (Chronological Record of Medical Care) showing he received medical treatment in May 1969.
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. On 30 September 1968, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. On 21 February 1969, the applicant departed Fort Lewis, Washington, for duty in the RVN.
a. On 26 March 1969, the applicant was assigned for duty as a rifleman with Company B, 1st Battalion, 506th Infantry.
b. The Standard Form 600 provided by the applicant shows he received medical treatment at the 1st Battalion, 506th Infantry, Aid Station on 28 May 1969. He was treated for fragments in his left arm. His injury was cleaned and dressed. He was also treated in a similar manner for small burns to his right hand. There is no information or explanation concerning how or under what circumstances he came to have these injuries.
c. On 10 March 1970, the applicant departed the RVN in a patient status. He was initially transported to the hospital at Camp Zama, Japan, and then on to the Medical Holding Detachment located at Great Lakes Naval Station, Illinois.
4. On 8 May 1970, the applicant was released from active duty upon completion of hospitalization. He attained the rank of sergeant/pay grade E-5 and completed 1 year, 7 months, and 9 days of creditable active duty.
5. The applicant's DD Form 214 lists his awards as:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Vietnam Campaign Medal
* Bronze Star Medal with 1st Oak Leaf Cluster
* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Air Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
6. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.
7. The applicant's name is not listed on the Vietnam casualty roster.
8. The applicant's service medical records are not available for review.
9. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is 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.
10. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart for injuries he received in the RVN.
2. There are no available general orders showing the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam casualty roster. Item 40 of his DA Form 20 does not show a record of any wounds received in action. The medical evidence provided by the applicant shows he was injured, but does not show that the injuries were the result of enemy action.
3. In view of the above, the applicant's 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 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.
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