IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120002772
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, in effect, correction of his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam (RVN).
2. The applicant states he was told when he left the RVN that this award would follow him. He was subsequently discharged and had forgotten about it. He would now like to have it.
3. The applicant provides a copy of the Department of Veterans Affairs (VA) letter dated 22 September 2010 with attachment of a VA Rating Decision dated 30 August 2010.
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 21 September 1965, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 62E (Construction Machine Operator).
3. On 7 January 1967, the applicant was assigned for duty in the RVN.
a. On 17 January 1967 he was assigned to the 572nd Engineer Company as a dump truck operator.
b. On 1 November 1967, he was reassigned within the company to duty as a tractor operator.
c. On 31 December 1967, he departed the RVN for duty at Fort Bragg, North Carolina.
4. On 18 December 1968, the applicant was released from active duty. He had completed 3 years of creditable active duty service.
5. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as corrected by a DD Form 215, indicates that his awards are:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Meritorious Unit Commendation with Oak Leaf Cluster
* RVN Gallantry Cross with Palm Unit Citation
6. The applicants name is not listed on the Vietnam Casualty Roster.
7. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) is blank.
8. 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 United States Army Human Resources Command.
9. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force 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 U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
10. The VA rating decision provided by the applicant states that a VA examination conducted on 2 August 2010 showed findings consistent with a through and through gunshot wound of the right flank area. The examiner attributes this condition to the applicant's military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show award of the Purple Heart for wounds 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.
3. The VA rating decision provided by the applicant shows that the applicant received a gunshot wound to his right flank and that such wound was service connected. However, it does not provide substantiating evidence that this wound occurred in the RVN or that it was the result of enemy action. Therefore, this evidence is not a sufficient basis for award of the Purple Heart.
4. 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 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) AR20120002772
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