IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120003128
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 military records to show award of the Purple Heart for wounds received in the Republic of Vietnam (RVN).
2. The applicant states he was wounded around June 1969 in the province of Phu Yen, RVN. He was assigned to A Battery, 1st Field Forces and was wounded in the right hand by amputation of his two middle fingers which were later reattached. He was never awarded the Purple Heart.
3. The applicant 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. On 5 August 1968, the applicant was inducted into the Army of the United States He completed his initial training and was awarded military occupational specialty 13B (Field Artillery Crewman).
3. On 16 January 1969, the applicant departed Fort Sill, OK for duty in the RVN.
a. On 2 February 1969, he was assigned for duty with A Battery, 6th Battalion, 32nd Artillery Regiment.
b. On 9 March 1970, he departed the RVN.
4. On 11 March 1970, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 1 year,
7 months, and 17 days of creditable active duty.
5. The applicant's DD Form 214 indicates his awards were:
* National Defense Service Medal
* RVN Vietnam Campaign Medal
* Vietnam Service Medal
* Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. The applicants name is not listed on the Vietnam Casualty Roster.
7. Item 40 (Wounds) of the applicants DA Form 20 (Record Enlisted Qualification) is blank.
8. The applicant's service medical records are not available for review.
9. 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.
10. Army Regulation 600-8-22 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 United States. 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.
DISCUSSION AND CONCLUSIONS:
1. 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. Item 40 of his DA Form 20 does not show a record of any wounds received in action.
2. The applicant has not provided any information about the circumstances surrounding the lost and subsequent reattachment of his fingers. There is no available evidence indicating that this injury was the direct result of enemy action in the RVN.
3. 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) AR20120003128
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