IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110023761
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 the PH is not listed on his DD Form 214. He further states he was awarded the PH.
3. The applicant provides a copy of a PH 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. On 10 April 1969, the applicant was inducted into the Army of the United States. His records show he completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank he attained while serving on active duty was specialist four/E4.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with Company A, 5th Battalion, 46th Infantry, 198th Infantry Brigade from 5 October 1969 to 6 October 1970.
4. The applicants DD Form 214 shows he was honorably released from active duty on 8 November 1970. His DD Form 214 does not show award of the PH.
5. Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury.
6. The applicants name is not shown on the Vietnam casualty roster. His official military personnel file is void of any orders or documents that indicated he was ever awarded the PH by proper authority while serving on active duty.
7. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the PH pertaining to the applicant.
8. There is no evidence in the available records showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
9. The applicant provides a copy of a Purple Heart certificate dated 10 May 1970 for wounds he received in the Republic of Vietnam on 16 January 1970. The certificate is not signed by the awards approval authority.
10. Army Regulation 600-8-22 (Military Awards) states the PH 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 request to add the PH to his DD Form 214 was carefully considered and determined to lack sufficient evidence to grant relief.
2. The criteria for an award of the PH requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by the medical personnel, and the medical treatment must have been made a matter of official record.
3. In the absence of official documentary evidence that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, the unsigned certificate he provided is insufficient evidence upon which to award him the PH and/or add it to his DD Form 214.
4. 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.
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) AR20110023761
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ABCMR Record of Proceedings (cont) AR20110023761
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