IN THE CASE OF:
BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120011251
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 should have been awarded the Purple Heart
* On his third tour in Vietnam he was involved in an explosion while he was stationed on the fire base
* He was injured (shrapnel in his right thigh and lower back)
* He was also deafened by the explosion
* He was evacuated from Vietnam to Fort Gordon, GA
* He is service connected for hearing loss/tinnitus from the explosion
3. The applicant provides:
* Letter, dated 10 September 1973, from the Veterans Administration (VA)
* DA Form 3349 (Medical Condition Physical Profile Record)
* DA Form 20 (Enlisted Qualification Record)
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 18 May 1967 and 1 April 1971
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's military records are not available for review. However, this case is being considered using reconstructed records which primarily consists of the records provided by the applicant.
3. His DD Form 214 for the period ending 18 May 1967 shows he enlisted in the Regular Army on 25 May 1966 for a period of 4 years. He completed his training and was awarded military occupational specialty 12B (combat engineer). On
18 May 1967, he was honorably discharged for immediate reenlistment.
4. His DD Form 214 for the period ending 18 May 1967 does not show the Purple Heart as an authorized award.
5. His DD Form 214 for the period ending 1 April 1971 shows he reenlisted on 19 May 1967 for a period of 4 years. His DA Form 20 shows he served as a combat engineer in Vietnam from August 1967 to March 1969. His DD Form 214 shows he served in Vietnam from 11 August 1970 to 26 March 1971. On 1 April 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
6. His DD Form 214 for the period ending 1 April 1971 does not show the Purple Heart as an authorized award. This DD Form 214 shows he was separated from the service on temporary records and a Soldier's affidavit.
7. There are no orders for the Purple Heart in the available records.
8. Item 20 (Wounds) of his DA Form 20 is blank.
9. His name is not listed on the Vietnam casualty roster.
10. 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 award of the Purple Heart.
11. He provided a DA Form 3349, dated 11 September 1970, which shows he was issued a temporary "3" profile for loss of hearing.
12. He also provided a letter, dated 10 September 1973, from the VA which shows he was granted service connection for defective hearing, bilateral.
13. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 applicant contends he should have been awarded the Purple Heart.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* a wound the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
3. There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam. Therefore, there is insufficient evidence on which to base award of the Purple Heart 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) AR20120011251
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ABCMR Record of Proceedings (cont) AR20120011251
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