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ARMY | BCMR | CY2012 | 20120019556
Original file (20120019556.txt) Auto-classification: Denied

		

		BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20120019556 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart.

2.  The applicant states he earned the Purple Heart but he did not receive the award.

3.  The applicant provides several medical documents.

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 12 March 1970, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments) – he was assigned to duty in Vietnam with the Company B, 3rd Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade, from 20 May 1971 through 30 July 1971
* item 40 (Wounds) – no entry

4.  On 27 December 1971, he was honorably released from active duty after completing 1 year, 8 months, and 19 days of total active service.

5.  His service medical records are not available for review.

6.  His record is void of documentation showing he was wounded or that he was awarded the Purple Heart.

7.  His name does not appear on the Vietnam casualty roster.

8.  He provides medical documents which show he received treatment for a laceration to his right ring finger, between the 5th and 19th of July 1971, while serving in Vietnam.  The ABCMR analyst and the Board medical advisor examined the medical documents and neither was able to determine if the origin of his injury was the result of hostile action.

9.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Purple Heart to him.

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:

The evidence of record does not show and the applicant has not provided sufficient documentary evidence showing he received wounds as a result of hostile action that would have warranted award of the Purple Heart.  In the absence of such evidence, there is no basis for awarding him the Purple Heart or for adding the Purple Heart to his DD Form 214.

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)                                         AR20120019556





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ABCMR Record of Proceedings (cont)                                         AR20120019556



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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