IN THE CASE OF:
BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120011630
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 there was racial injustice, and records were mishandled or destroyed. He is a 70% disabled Vietnam Veteran who got wounded for America's freedom.
3. The applicant provides copies of his business card and a letter addressed to "Dear Mother."
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 27 August 1968. He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 24 January through 24 August 1969. Item 40 (Wounds) shows no entry (blank) and Item 41 (Awards and Decorations) shows no listing of the Purple Heart.
4. The applicant was honorably released from active duty on 21 August 1970 as a private first class/E-3. He completed 1 year, 11 months, and 25 days of total active service.
5. His DD Form 214 (Armed Forces of the United States report of Transfer or Discharge) and DD Form 215 (Correction to DD Form 214) do not show he was awarded the Purple Heart.
6. The applicant provided a letter addressed to "Dear Mother" in which he states he "got hit" on 28 February 1968.
7. The applicant's medical records are not available for review.
8. A 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.
9. The applicant's name is not listed on the Vietnam Casualty Roster.
10. Army Regulation 600-8-22 (Military Awards) states 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 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. ADCARS does not contain orders for the Purple Heart pertaining to the applicant and the Vietnam casualty listing does not contain the applicant's name.
2. Although in the letter addressed to his mother he stated he "got hit" on
28 February 1968, there is no official record showing he was wounded as a result of hostile action, that he was treated for such wound, or that it was made a matter of official record. There is no available evidence that shows he met the criteria for award of the Purple Heart.
3. Regrettably, 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) AR20120011763
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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The applicant requests award of the Purple Heart. His official military record contains no evidence showing he was wounded as a result of hostile action while he was in the Army. _________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.