BOARD DATE: 27 June 2013
DOCKET NUMBER: AR20120022105
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 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he was awarded the Purple Heart but it was not added to his DD Form 214. He goes on to state that, in December 1971, while assigned to the 359th Transportation Company in Qui Nhon, South Vietnam he was hit with shrapnel and was taken to the hospital in Qui Nhon and he stayed overnight until the shrapnel was taken out of both legs.
3. The applicant provides a copy of his DD Form 214.
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 22 March 1971, he was inducted into the Army of the United States. He completed basic training at Fort Knox, Kentucky and his advanced individual training as a motor transport operator at Fort Polk, Louisiana before being transferred to Vietnam on 17 August 1971.
3. He was initially assigned to the U.S. Army Transportation Terminal Unit for duty as a security guard and on 1 January 1972 he was assigned to the 359th Transportation Company for duty as a heavy vehicle driver. On 27 March 1972, he was assigned to the 155th Transportation Company.
4. On 10 April 1972, he departed Vietnam and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on 11 April 1972. He had served 1 year and 20 days of active service and 7 months and
24 days were served in Vietnam.
5. The DD Form 214 he was issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal, and Vietnam Service Medal.
6. A review of the applicant's official records failed to show any evidence of him being wounded or awarded the Purple Heart. Additionally, his separation physical examination reveals no evidence of the applicant being wounded or treated for any wounds and his name is not contained on the Vietnam Casualty Listing.
7. 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 applicants claim that he was injured as a result of enemy action in Vietnam is not in doubt, he has failed to sufficiently show through the evidence of record and the evidence submitted with his application, that such was the case and that treatment was made a matter of record.
2. Therefore, in the absence of evidence to the contrary, there appears to be no basis to grant his request 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:
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 the applicant 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) AR20120022105
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ABCMR Record of Proceedings (cont) AR20120022105
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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