IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120006615
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:
* his foreign service in Vietnam
* award of the Purple Heart
2. The applicant states:
a. His DD Form 214 shows he had 13 months and 2 days of foreign service but it does not reflect his multiple tours in Vietnam. His DD Form 214 is also missing the Purple Heart he was awarded and presented with by President Johnson in November 1966. He was exposed to Agent Orange but his records don't reflect his service in Vietnam.
b. He has claims and appeals for Department of Veterans Affairs (VA) disability compensation for post-traumatic stress disorder, eyes, knees, hearing loss, Meniere's disease, and other conditions. To date all of his claims have been denied due to a lack of evidence confirming his duty in Vietnam. An amended DD Form 214 would greatly increase his chances of receiving disability from the VA.
3. The applicant provides no additional 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's records show he enlisted in the Regular Army on 15 November 1963 and he held military occupational specialty 62B (Engineer Equipment Specialist).
3. He served in Korea from 22 May 1965 to 23 June 1966 while assigned to Company B, 11th Engineer Battalion.
4. His records contain a DA Form 348 (Driver Qualification Test), dated 19 August 1965, wherein it shows he failed the Korean road sign test on 10 August 1965 and passed the Korean road sign test on 19 August 1965 at Camp Stanley, Korea.
5. He was honorably released from active duty on 14 November 1966 and transferred to the U.S. Army Reserve. He completed 3 years of net active service.
6. Item 24c (Foreign and/or Sea Service) of the DD Form 214 he was issued shows he completed 1 year, 1 month, and 2 days of foreign service.
7. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) contains an entry that shows he served in U.S. Army Pacific (USARPAC) Korea for 13 months from 22 May 1965 to 23 June 1966.
8. His DD Form 214 does not show award of the Purple Heart. There are no orders in his record showing he was awarded the Purple Heart.
9. Item 40 (Wounds) of his DA Form 20 is blank and item 41 (Awards and Decorations) does not show the Purple Heart.
10. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound or injury sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound or injury was the result of hostile action, the wound or injury 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 evidence or record does not show and the applicant has not provided any evidence that shows he ever served in Vietnam, was wounded as the result of enemy action, was treated by medical personnel for any such wounds, or was awarded the Purple Heart. Therefore, he is not entitled to the requested relief.
2. The ABCMR does not grant requests for the correction of records solely for the purpose of making the applicant eligible for VA or other benefits. Every case is individually decided based upon its merits when an applicant requests a correction to his military records.
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) AR20120006615
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