IN THE CASE OF:	  

		BOARD DATE:  8 January 2013

		DOCKET NUMBER:  AR20120010735 


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 and his wounding while serving in Vietnam.

2.  He states his DD Form 214 does not include his combat in Vietnam nor does it show he was shot in combat while in Vietnam about a month after his arrival in country.  He adds the 23rd Cavalry switched to the 1st Cavalry Division and deployed to Vietnam in early 1965.  He states he was shot and hospitalized in the field hospital in Vietnam, but nothing was written about the wounds he received. 

3.  He provides his DD Form 214 and photographs of the alleged wounding.

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 enlisted in the Regular Army on 11 August 1962.  He served in Korea from 17 April 1963 to 8 April 1964.  He was honorably released from active duty on 10 August 1965

3.  His DD Form 214 shows in:

* item 24c (Foreign and/or Sea Service) - Korea "01  00  28"
* Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) 

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) 
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) 
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar 

* Item 27 (Wounds Received as a Result of Action with Enemy Forces) - None 

4.  His DA Form 24 (Service Record) shows in:

* Section 2 - (Chronological Record of Military Service)

* 8 April 1964 to 1 June 1964, Enroute to the Continental United States
* 2 June 1964 to 30 June 1965, Company B, 2d Battalion, 23d Infantry Regiment, 2d Infantry Division, Fort Benning, GA
* 1 July 1965 to 12 July 1965, Company B, 1st Battalion, 7th Cavalry Regiment, 1st Cavalry Division
* 13 July 1965 to 10 August 1965, Headquarters and Headquarters Company, Tactical Signal Brigade, Fort Benning, GA

* Section 7 - (Combat Record) - blank
* Section 8 - (Wounds Received Through Enemy Action) - blank
* Section 9 - (Medals, Decorations, and Citations) - lists the same qualification badges contained on his DD Form 214

5.  There is no documentation in the available record that shows he served in Vietnam and/or sustained wounds or was treated for wounds incurred as a result of hostile action.  His name is not listed on the Vietnam casualty listing.

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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart.

7.  The applicant provided several photographs of a wounding which he indicates occurred during combat in Vietnam in 1965.  The photographs depict a long scar on his abdomen.  

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Item 24c requires the preparer to enter the total active duty service outside continental limits of the United States for the period covered by the 
DD Form 214.

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer.  For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows he was credited with 1 year and 28 days of foreign service in Korea which is consistent with information contained in his available records.  Although he provides photographs of an alleged wounding in which he maintains occurred in Vietnam in 1965, there are no medical records available which show he was wounded or treated for wounds as a result of hostile action during his service in Vietnam.  In fact, there is no evidence to prove that he was ever attached or assigned to a unit in the Republic of Vietnam.

2.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20120010735





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ABCMR Record of Proceedings (cont)                                         AR20120010735



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