BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110022482
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 the Purple Heart (PH) 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 PH and it was never annotated on his DD Form 214.
3. The applicant provides a copy of his certificate for the Purple Heart.
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 of the United States on 12 October 1967, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Korea (ROK) from 7 March 1968 through 3 March 1969. Item 38 (Record of Assignments) shows that during his ROK tour he was assigned to Company A, 1st Battalion, 38th Infantry, performing duties in MOS 11B1O as an Assistant Gunner. Item 40 (Wounds) is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).
4. The applicants Military Personnel Records Jacket (MPRJ) is void of orders or documents indicating he was wounded in action in the ROK. It is also void of medical treatment records indicating he was ever treated for a combat-related wound.
5. On 10 October 1969, the applicant was honorably released from active duty after completing 1 year, 11 months, and 29 days of active military service. His DD Form 214 shows he earned the following awards during his active duty tenure:
* National Defense Service Medal
* Armed Forces Expeditionary Medal
6. A review of the Army 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.
7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the PH. It states the PH is awarded to members wounded in action. It also states in order to award the PH there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to be awarded the PH has been carefully considered and determined to lack sufficient evidence to grant relief.
2. By regulation in order to support award of the PH there must be evidence the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record.
3. The evidence of record fails to show the applicant was ever wounded as a result of enemy action. The medical treatment records in his MPRJ fail to show he was ever treated for a combat-related wound.
4. Item 40 of the applicant's DA Form 20 is blank which indicates he was never wounded in action.
5. Absent any evidence of record confirming the received an injury as a direct result of or caused by enemy action, there is an insufficient evidentiary basis to support granting the requested relief.
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) AR20110022482
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ABCMR Record of Proceedings (cont) AR20110022482
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