BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130004482
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 he was awarded the Purple Heart.
2. The applicant states that he received the Purple Heart in the mail after he was released from active duty (REFRAD).
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. The applicant was inducted into the Army of the United States on 16 June 1970. He completed the training requirements and he was military occupational specialty 67N (Airplane Repairman) before being transferred to Vietnam on
14 February 1971.
3. On 27 December 1971, he departed Vietnam and he was assigned to Fort Sheridan, Illinois where he remained until he was honorably REFRAD under the Phasedown Release Program on 10 February 1972. He had completed 1 year,
7 months, and 8 days of active service. His DD Form 214 shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.
4. A review of his official records failed to show that he was awarded the Purple Heart or that he was wounded in action by the enemy. Additionally, the available medical records fail to show that he was treated for any wounds and his name is not contained on the Vietnam Casualty Listing.
5. 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 awarded the Purple Heart is not in doubt, he has failed to show through the evidence of record and evidence submitted with his application that such was the case.
2. The applicants official records are void of any evidence to suggest that he was wounded or injured as a result of enemy action or that treatment for such wounds/injuries were made a matter of record.
3. Therefore, in the absence of such evidence, 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) AR20130004482
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