IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120012333
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 award of the Purple Heart.
2. The applicant states he was awarded the Purple Heart during his tour of duty in Vietnam, but it is not shown on his DD Form 214.
3. The applicant provides no additional evidence.
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. On 23 July 1968, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic). He subsequently was assigned for duty in U.S. Army Europe, Germany, where he reenlisted in the Regular Army on 27 January 1970.
3. On 17 February 1970, the applicant departed Europe for duty in the Republic of Vietnam (RVN).
a. On 8 April 1970, he was assigned for duty with the 591st Engineer Company, 27th Engineer Battalion, U.S. Army Pacific, RVN.
b. On 1 June 1971, he was assigned as a patient to the U.S. Naval Hospital (USNH) in Guam. He was subsequently assigned as a patient to the USNH at Great Lakes Naval Station, Illinois.
4. Records show the applicant's subsequent assignments as:
a. 30 August 1971 Service Battery, 2d Artillery, Fort Sill, Oklahoma;
b. 12 December 1972 Headquarters and Headquarters Company, 25th Infantry Support Command, 25th Infantry Division, U.S. Army Pacific, Hawaii;
c. 1 December 1973 Headquarters and Headquarters Company, Division Support Command, 25th Infantry Division, U.S. Army Pacific, Hawaii;
d. 18 January 1976 Company A, 34th Support Battalion, Fort Hood, Texas; and
e. 2 November 1976 Battery A, 1st Battalion, 41st Field Artillery, U.S. Army Europe, Germany.
5. On 2 December 1977, the applicant was honorably discharged. He had attained the rank of sergeant/pay grade E-5 and had completed a total of 9 years, 4 months, and 11 days of creditable active duty.
6. The applicant's three DD Forms 214 list his awards as:
* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* RVN Vietnam Campaign Medal with Device (1960)
7. The applicant's name is not listed on the Vietnam casualty roster.
8. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.
9. The applicant's service medical records are not available for review.
10. 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 awarding the applicant the Purple Heart.
11. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the United States. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.
2. There are no available general orders showing the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam casualty roster. Item 40 of his DA Form 20 does not show a record of any wounds received in action.
3. The available evidence shows the applicant was a patient at the USNH in Guam. However, there is no evidence showing the circumstances of his injury or wound. There is no evidence showing he was hospitalized as a result of enemy action.
4. In view of the above, 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 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) AR20120012333
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ABCMR Record of Proceedings (cont) AR20120012333
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