IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120002165
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 award of the Purple Heart.
2. The applicant states:
* He was evacuated to a medical hospital sometime in April to July 1968 from the firebase after being attacked
* His hand was hurt during the attack
* It should be documented in his hospital records
3. The applicant provides no documentary evidence.
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 enlisted in the Regular Army on 4 August 1967 for a period of 3 years. He served as an automatic weapons crewman in Vietnam from
21 January 1968 to 16 January 1969. On 7 May 1969, he was honorably discharged for immediate reenlistment.
3. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 7 May 1969 does not show the Purple Heart as an authorized award.
4. He reenlisted on 8 May 1969 for a period of 6 years. He served in Vietnam from 24 November 1969 to 21 June 1971. On 7 May 1975, he was honorably discharged.
5. His DD Form 214 (Report of Separation from Active Duty) for the period ending 7 May 1975 does not show the Purple Heart as an authorized award.
6. There are no orders for the Purple Heart in the available records.
7. Item 20 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
8. His name is not listed on the Vietnam casualty roster.
9. 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 United States Army Human Resources Command, failed to reveal any orders for award of the Purple Heart.
10. His service medical records are not available.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 requests award of the Purple Heart.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* a wound the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
3. There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.
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) AR20120002165
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ABCMR Record of Proceedings (cont) AR20120002165
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