IN THE CASE OF:
BOARD DATE: 25 October 2012
DOCKET NUMBER: AR20120008686
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 records to show he was awarded the Purple Heart.
2. The applicant states he was injured by rocket-propelled grenades and mortar fire during the Tet Offensive. He contends that he was issued the Purple Heart, but he did not accept it due to his pride. When the injury occurred, he did not think it was serious, but he started suffering from headaches, dizziness, nausea, and his neck was burning. He states he later realized he incurred dents in his skull when he struck his head trying to find a bunker while under attack, but because of his youth at the time, he just tried to shake it off and move on.
3. The applicant provides no additional evidence.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel did not provide additional evidence or argument.
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 was inducted into the Army of the United States on 9 May 1968.
He was awarded military occupational specialty 71H (Personnel Specialist) upon completion of initial entry training.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 20 October 1968 through 1 October 1969. Item 40 (Wounds) is blank and item 41 (Awards and Decorations) does not show the Purple Heart.
4. There is no evidence in his military records that indicates he was awarded the Purple Heart or that he was treated for a combat-related wound. He is not listed on the Vietnam casualty roster.
5. He was honorably released from active duty on 8 May 1970. His DD Form 214 does not include award of the Purple Heart.
6. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) states 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 applicant's contention that his records should be corrected to show he was awarded the Purple Heart has been carefully considered.
2. His DA Form 20 contains no entries indicating he was wounded in action and there is no evidence in his military records that indicates he was treated for a combat-related wound. His name is not listed on the Vietnam casualty roster. The regulation requires that substantiating evidence must be provided to verify the injury was the result of hostile action and that the injury required treatment by medical personnel. In the absence of such evidence, there is no basis for award of the Purple Heart.
3. Based on the foregoing, there is no basis to grant the requested relief.
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 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) AR20120008686
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ABCMR Record of Proceedings (cont) AR20120008686
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