IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130001414
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, in effect, 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:
* he was injured in combat while serving in Vietnam and he is entitled to the Purple Heart
* his DD Form 214 does not show entitlement to the Purple Heart
* approximately 10 years ago he tried to get his medical records which showed he was injured in combat, but he never received any records from the National Personnel Records Center showing he was injured
* his son was able to get proof of entitlement to the Purple Heart and gave him the Purple Heart certificate at Christmas
* the Purple Heart was issued on 7 December 2012
3. The applicant provides:
* Purple Heart certificate
* 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. The applicant enlisted in the Regular Army on 25 September 1967 for a period of 3 years. He served as a helicopter repairman in Vietnam from 28 May 1968 to 25 May 1969. On 24 September 1970, he was released from active duty.
3. His DD Form 214 does not show the Purple Heart as an authorized award.
4. There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
5. His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) is blank. His name does not appear on the Vietnam casualty roster.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 the Purple Heart pertaining to the applicant.
7. He provides a certificate, dated 7 December 2012, which shows President Obama awarded him the Purple Heart for wounds receive in combat between
28 May 1968 and 25 May 1969 while in the line of duty and in the service of his country during the conflict in Vietnam.
8. 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 military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was injured in combat while serving in Vietnam and he is entitled to 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:
* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records
3. There is no evidence in the available record that shows he was wounded as a result of hostile action in Vietnam. His name does not appear on the Vietnam casualty roster. In the absence of corroborating evidence showing he was injured and treated for wounds as a result of hostile action in Vietnam, the certificate provided by the applicant is not sufficient as a basis 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) AR20130001414
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ABCMR Record of Proceedings (cont) AR20130001414
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