IN THE CASE OF:
BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120008930
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 award of the Purple Heart.
2. The applicant states he contracted hepatitis from drinking the water in Vietnam and he had to be medically evacuated to the 483rd Hospital in Vietnam and hospitalized for over three days. He did not realize the Purple Heart was not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
3. The applicant provides:
* page 4 of his DA Form 2-1 (Personnel Qualification Record)
* medical form, dated, 21 June 1971
* one page excerpt from a Department of Veterans Affairs (VA) claim decision
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 November 1966
* DD Form 214 for the period ending 17 September 1969
* DD Form 214 for the period ending 28 May 1971
* DD Form 214 for the period ending 28 July 1977
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 1985
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. After having prior enlisted service the applicant reenlisted in the Regular Army on 29 May 1971 and he held military occupational specialty 13B (Cannon Crewmember). He served in Vietnam from 1 December 1966 to 18 November 1967 and again from 3 August 1970 to 26 June 1971.
3. He provided a medical document/form, dated 21 June 1971. This form shows he was being treated for infectious hepatitis and was en route to Womack Army Hospital at Fort Bragg, NC.
4. His DA Form 2-1 shows he was in a patient status on 26 June 1971; however, item 9 (Awards, Decorations, and Campaigns) of this form does not show award of the Purple Heart.
5. On 28 July 1977, he was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued for this period of service does not list the Purple Heart.
6. On 29 July 1977, he reenlisted and continued to service until 30 April 1988, at which time he was retired for length of service. He completed 20 years and
2 days of creditable active service.
7. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty at any time.
8. 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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. There is no evidence of record and he did not provide any evidence of any combat injury he received as a result of hostile action by the enemy.
10. He provides an excerpt from a VA claim decision wherein it states he was treated for hepatitis while he was serving in the military.
11. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against and 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 award of 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The applicant's service record is void of any evidence that shows he was wounded or injured as a result of enemy action. There is also no evidence that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 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) AR20120008930
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ABCMR Record of Proceedings (cont) AR20120008930
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