IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130000933
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 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 states that he may be entitled to award of the Purple Heart because he was wounded in combat during the Vietnam conflict.
3. The applicant provides no additional documents in support of this 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 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 applicant enlisted in the Regular Army on 22 July 1968. He successfully completed training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).
3. The applicant arrived in the Republic of Vietnam (RVN) on 27 October 1969 and he assigned to B Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division on 5 November 1969.
4. Item 38 (Record of Assignments) of the applicants DA Form 20 (Enlisted Qualification Record) shows from 22 to 30 July 1970 he was a patient assigned to the Medical Hold Company (MHC), 249th General Hospital, RVN.
5. On 29 August 1970, he was released from active duty with a general under honorable conditions discharge after completing 2 years, 1 month, and
8 days of creditable active service.
6. The applicant's DD Form 214 does not show he was awarded Purple Heart.
7. Item 40 (Wounds) of the applicant's DA Form 20 does not show the applicant was wounded and item 41 (Awards and Decorations) does not show award of the Purple Heart.
8. The applicant's military medical records are not available for review.
9. There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart. There also is no evidence in his service personnel records that shows he was wounded in action or treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam casualty roster.
10. During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human
Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973. This review failed to reveal any orders awarding the Purple Heart to the applicant.
11. Army Regulation 600-8-22 (Military Awards) states 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 medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Purple Heart was carefully considered and it was determined there is insufficient evidence to support this request.
2. In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.
3. The applicant's record contains no medical treatment records or other documents that confirm the applicant was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the RVN.
4. It is noted that his DA Form 20 shows he was assigned to the MHC, 249th General Hospital, RVN. Unfortunately, the DA Form 20 does not show why he was assigned to this unit.
5. The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart in this case.
6. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in his service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20130000933
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ABCMR Record of Proceedings (cont) AR20130000933
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