IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120008593
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 awards of the Purple Heart.
2. The applicant states he was wounded three times in Vietnam, but his Purple Heart decorations are not listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 was inducted into the Army of the United States on 5 June 1969. He held military occupational specialty 11B (light weapons infantryman).
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:
* item 38 (Record of Assignments) he served in Vietnam from 12 December 1969 to 13 October 1970 while assigned to
* 1st Battalion, 2nd Infantry, 1st Infantry Division as a radio telephone operator from 12 December 1969 to 25 March 1970
* 1st Battalion (Airmobile), 327th Infantry as a rifleman from 28 April to 13 October 1970
* item 40 (Wounds) no entry (blank)
* item 41 (Awards and Decorations) no entry for any Purple Heart awards
4. His complete medical records were not available for review.
5. He was honorably released from active duty on 4 June 1971 at the expiration of his term of service. He completed 2 years of total active service. His
DD Form 214 does not show any awards of the Purple Heart.
6. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show his name as a casualty.
7. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) provides 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 that 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 award of the Purple Heart requires the submission of substantiating evidence to verify that 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. The applicant's record is void of any evidence and he did not provide any evidence that show he was injured as a result of enemy action, his wounds were treated by medical personnel, and the medical treatment was made a matter of official record.
3. Additionally, his name is not shown on the Vietnam casualty listing and there are no orders awarding him the Purple Heart in ADCARS. His DA Form 20 also does not show any combat wounds and his available medical records do not document a combat wound or injury.
4. In the absence of official documentary evidence to corroborate the events that led to his injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is an insufficient evidentiary basis for granting the applicant requested relief.
5. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant 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) AR20120007294
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ABCMR Record of Proceedings (cont) AR20120008593
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