BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120004454
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 (Certificate of Release or Discharge from Active Duty) to show the Purple Heart.
2. He states the Purple Heart was presented to him in Phouc Vinh, Vietnam; however, it is not listed on his DD Form 214. He states his left leg was injured in November 1966 when helicopter tail number 64-13858 crashed and he was briefly hospitalized in southern Vietnam. After his hospitalization he received medical care from "the 162nd."
3. He provides no documentation in support of his request.
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 12 March 1954, the applicant enlisted in the Regular Army (RA). On 23 February 1957, he was released from active duty and transferred to the U.S. Army Reserve (USAR). On 28 February 1962, he was discharged from the USAR. On 29 April 1965, following a break in service, he enlisted again in the RA.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) service in Vietnam from 15 January 1966 to 5 October 1968 and from 25 January to 15 December 1970;
b. item 38 (Record of Assignments) duty in Vietnam with the:
* 162nd Assault Helicopter Company from 15 January 1966 to 2 October 1968
* 135th Aviation Company from 12 February to 11 December 1970
c. item 40 (Wounds) no entry; and
d. item 41 (Awards and Decorations) no entry for the Purple Heart.
4. He served in the RA until he retired on 31 May 1982 after completing 20 years and 14 days of active military service.
5. His service medical records are not available for review.
6. A review of his record failed to reveal orders awarding him the Purple Heart.
7. His name does not appear on the Vietnam casualty roster.
8. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Purple Heart to him.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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. Award of the Purple Heart must be announced in orders.
DISCUSSION AND CONCLUSIONS:
The evidence of record does not show and the applicant has not provided documentary evidence showing he was awarded the Purple Heart or that he received wounds as a result of hostile action that would have warranted award of the Purple Heart. In the absence of such evidence, there is no basis for adding the Purple Heart to his DD Form 214.
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) AR20120004454
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ABCMR Record of Proceedings (cont) AR20120004454
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