IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120012915
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 that his award of the Purple Heart be added to his
DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he received the Purple Heart for injuries to his back legs and arms in September 1970. He also states the Department of Veterans Affairs (VA) has granted him a 30% service-connected disability for those injuries.
3. The applicant provides no additional documents with his application.
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 was inducted into the Army in Columbus, Ohio on 15 April 1969. He completed basic training, advanced individual training as a light weapons infantryman, and the visual combat tracker course at Fort Gordon, Georgia before being transferred to Vietnam on 15 December 1969.
3. The applicant was assigned to the 63rd Infantry Platoon Combat Tracker, 198th Light Infantry Brigade, 23d Infantry (Americal) Division, as a dog handler and coverman. Although his records do not contain the specifics, it shows that on 21 September 1970 he was transferred to Camp Zama, Japan as a patient. On 13 October 1970, he was returned to his unit.
4. On 20 November 1970, he departed Vietnam and was transferred to Fort Lewis, Washington where he was released from active duty (REFRAD) as an overseas returnee on 21 November 1970. He had served 1 year, 7 months, and 7 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and Vietnam Campaign Medal.
5. At the time of his REFRAD he underwent a separation medical/physical examination and he indicated that he was in good physical condition and his medical condition had not changed since his last physical. No entries were made regarding any wounds or injuries.
6. A review of his official records failed to reveal any information showing that he was injured as a result of enemy action. Additionally, his name is not contained on the Vietnam Casualty Listing.
7. A search 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 orders awarding the Purple Heart to the applicant.
8. 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 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. While the sincerity of the applicant's claim that he was injured in Vietnam is not in doubt, he has failed to provide sufficient evidence to establish that his injuries were incurred as a result of enemy action and that treatment by medical personnel was made a matter of record.
2. Unfortunately, his records do not contain and the applicant has not provided sufficient evidence to establish his entitlement to award of the Purple Heart.
3. Therefore, in the absence of orders or sufficient evidence to show that he was injured as a result of enemy action and that treatment was made a matter of record, there appears to be no basis on which to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120012915
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ABCMR Record of Proceedings (cont) AR20120012915
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