IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120008129
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 awar`d of the Purple Heart.
2. The applicant states he received the award after discharge for wounds received in action in Vietnam on 26 May 1968.
3. The applicant provides a DD Form 214 and a certificate, dated 21 December 1968, showing award of the Purple Heart.
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 records show he was inducted into the Army of the United States on 20 October 1966 and he held military occupational specialty 91B (Medical Specialist).
3. His records show he served in Vietnam with Headquarters and Headquarters Company, 4th Battalion, 34th Infantry, from on or about 2 January 1968 to on or about 6 October 1968.
4. He was honorably released from active duty on 9 October 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation.
5. His DD Form 214 shows the:
* National Defense Service Medal
* Good Conduct Medal
* Combat Medical Badge
* Bronze Star Medal with "V" Device
* Vietnam Service Medal
* Vietnam Campaign Medal
* One overseas service bar
6. He provides a certificate, dated 21 December 1968, that shows he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 26 May 1968. However, nothing in six typical sources shows he was wounded in action or awarded the Purple Heart:
* Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat injury
* Item 41 (Awards and Decorations) of this form does not list the Purple Heart
* His complete medical records are not available for review with this case; his separation physical does not reflect a combat injury or wound
* His name is not shown on the Vietnam casualty roster.
* There are no general orders in his records that show he was awarded the Purple Heart
* A review of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any Purple Heart orders on file for him
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Purple Heart is awarded for a wound sustained 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.
DISCUSSION AND CONCLUSIONS:
1. The criteria for the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. Although he submitted a certificate showing award of the Purple Heart for wounds received in action on 26 May 1968, his service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. His name is not listed on the Vietnam casualty roster. His available service medical records do not reflect a combat wound or injury.
3. Notwithstanding the applicant's contention and sincerity, in the absence of the official orders or additional documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base adding the Purple Heart to his DD Form 214 in this case.
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) AR20120008129
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ABCMR Record of Proceedings (cont) AR20120008129
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