IN THE CASE OF:
BOARD DATE: 17 July 2012
DOCKET NUMBER: AR20110024833
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 records to show award of the Purple Heart.
2. He states he was wounded in Vietnam and was not awarded the Purple Heart.
3. He provides no additional documentation.
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. His military records show he was inducted into the Army on 10 October 1960. He was awarded the military occupational specialty of 120.00 (Pioneer). He enlisted in the Regular Army on 26 January 1961.
3. His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a 94B (Mess Steward) during his tour of duty in the Republic of Vietnam while he was assigned to the 63rd Maintenance Battalion from 2 July 1969 to 4 January 1970.
4. He was released from active duty on 31 March 1970 in the rank/grade of sergeant first class/E-7. He was credited with completion of a total of 9 years, 7 months, and 6 days of active service.
5. His DD Form 214 does not list the Purple Heart.
6. Item 40 (Wounds) of his DA Form 20 is blank. Item 41 (Awards and Decorations) does not list the Purple Heart.
7. The Vietnam casualty roster does not contain his name.
8. His military records are void of any orders or other documents that indicate he was recommended for or awarded the Purple Heart by the proper authority.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify 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. He states he was wounded in Vietnam. However, there is no evidence beyond his personal statement to show he was wounded.
2. His DA Form 20 does not show he was wounded and his name is not listed on the Vietnam casualty roster.
3. In the absence of evidence to show he was wounded or injured as a result of hostile action, treated for such wounds, and that the medical treatment was made a matter of official record there is insufficient evidence upon which to base award of the Purple Heart.
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) AR20110024833
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ABCMR Record of Proceedings (cont) AR20110024833
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