IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20120022243
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. Prior to his death, the applicant requested 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, a recently deceased former service member (FSM), stated:
* his DD Form 214 doesn't show he was issued the Purple Heart
* he had the medal in his possession
* he was injured when he was struck by the tail fin of a mortar while under incoming attack
3. The FSM provided his DD Form 214.
4. The FSM's daughter provides the FSM's death certificate and requests processing of his application in order for the Purple Heart to be included on her father's memorial marker.
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. The FSM was inducted into the Army of the United States on 14 December 1967. He served as a power man in Vietnam from 4 July 1968 to 2 February 1970.
3. On 5 February 1970, he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.
4. On 9 February 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation.
5. His DD Form 214 does not show the Purple Heart as an authorized award.
6. There are no orders for the Purple Heart in the available records.
7. Item 20 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. His name is not listed on the Vietnam casualty roster.
8. 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 for award of the Purple Heart.
9. The FSM died on 3 July 2012.
10. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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:
1. The FSM contended he was injured while serving in Vietnam and he was awarded the Purple Heart.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires evidence to verify:
* a wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
3. There are no orders for the Purple Heart in the available records.
4. There is no evidence in the available records that shows the FSM was wounded as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence on which to base adding award of 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 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) AR20120022243
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ABCMR Record of Proceedings (cont) AR20120022243
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