IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120003094
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart (PH).
2. The applicant states that the PH was omitted from his DD Form 214 when it was prepared.
3. The applicant provides a Veterans Administration (VA) Form 00-3101-3 (Request for Information).
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military record shows he enlisted in the Regular Army (RA) on 11 August 1969. He was trained in and awarded military occupational specialty 94B (Cook).
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 9 January 1970 to 14 March 1971 while assigned to Company B, 26th Engineer Battalion. Item 40 (Wounds) contains no entries.
4. The applicant's record does not include any medical treatment records that indicate he was ever treated for a combat-related wound or injury while serving in the RVN or at any other time during his active duty service. Further, there are no orders or documents indicating he was ever recommended for or awarded the PH by proper authority.
5. On 14 March 1971, the applicant was honorably released from active duty after completing 1 year, 7 months, and 11 days of creditable active duty service. The DD Form 214 issued at that time does not include the PH among its list of awards.
6. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster. There is no entry pertaining to the applicant.
7. The applicant provides a VA Form 00-3101-3 dated 1 December 1984. It shows he was requested to verify his receipt of the PH including the date and disability for which he received this award.
8. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the PH. There is insufficient evidence to support this claim.
2. Item 40 of the applicant's DA Form 20 is blank. The applicant's name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties. Absent evidence confirming he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.
3. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by him 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) AR20120003094
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ABCMR Record of Proceedings (cont) AR20120003094
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