IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120020611
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 the Purple Heart be added to his DD Form 214 (Report of Separation from Active Duty).
2. He states that his DA Form 20 (Enlisted Qualification Record) is proof that he was wounded in Chu Lai, Vietnam and medically evacuated to Camp Zama, Japan.
3. He provides two DD Forms 214, covering the period 17 September 1970 through 28 June 1977, and a letter from his Congressman, dated 2 April 1991.
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. After having had prior active and inactive duty service, the applicant enlisted in the Regular Army on 24 February 1965. During his period of enlistment, he served as a diesel repairman, wheeled vehicle mechanic, physical activity specialist, and a helicopter repairman.
3. His DA Form 20 shows in item 38 (Record of Assignments) that he was assigned to duty in Vietnam on two separate occasions from 7 March 1968 through 23 April 1969 and from 14 November 1970 through 31 October 1971.
4. This item also shows he was a patient from 13 June 1971 through 22 June 1971 at the Medical Holding Company, U.S. Army Hospital at Camp Zama, Japan.
5. Item 40 (Wounds) of his DA Form 20 is blank.
6. He was honorably discharged on 28 June 1977. The DD Form 214 he was issued at the time does not show he was awarded the Purple Heart. A review of all earlier DD Forms 214 failed to show award of the Purple Heart.
7. His service medical records are not available for review.
8. The applicant's record is void of documentation showing he was wounded or that he was awarded the Purple Heart.
9. His name does not appear on the Vietnam casualty roster.
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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Purple Heart to him.
11. The applicant provides a letter from his Congressman that shows the applicant self reported that he was injured and medically evacuated to Camp Zama, Japan prior to receiving the results of his Staff Sergeant Board.
12. 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 shows the applicant was a patient at the Medical Holding Company, U.S. Army Hospital in Camp Zama, Japan during his period of service in Vietnam; however, his record does not show and the applicant has not provided documentary evidence showing he was wounded as a result of hostile action which is required for award of the Purple Heart. In the absence of such evidence, there is insufficient evidence to award him the Purple Heart or to add 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) AR20120020611
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ABCMR Record of Proceedings (cont) AR20120020611
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