BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130011482
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 award of the Purple Heart.
2. The applicant states, in effect, around late December 1970 or January 1971 the helicopter he was riding in dropping off fellow Soldiers in a hot landing zone was hit by a mortar. He was injured in the lower back, buttocks, and groin area and he was put on bed rest for 2 weeks. He had shrapnel removed after this attack; however, he does not have the exact records to substantiate his injuries. He believes he should be awarded the Purple Heart because he was injured due to enemy fire.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 20 November 1969, the applicant was inducted into the Army of the United States. On 25 November 1969, he was discharged for the purpose of immediate enlistment in the Regular Army.
3. On 26 November 1969, he enlisted in the Regular Army. He completed his initial entry training and was awarded military occupational specialty 67N (Utility Helicopter (UH)-1 Repairman). The highest rank/grade he attained during his period of active military service was specialist five/E-5.
4. He served in the Republic of Vietnam from on or about 15 June 1970 through 7 May 1971. During this period he served with the 392nd Transportation Detachment (Direct Support), 1st Cavalry Division (Airmobile).
5. On 27 January 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). His DD Form 214 shows:
* he was credited with the completion of 2 years, 2 months, and 8 days of total active service, including 10 months and 23 days of foreign service
* he was awarded or authorized numerous awards for his service in the Republic of Vietnam
* his DD Form 214 does not show he was awarded the Purple Heart
6. He continued his service in the USAR and Missouri Army National Guard, and on 1 November 1975, he was honorably discharged from the USAR.
7. His medical record is not available for review. His available personnel record does not contain orders for the Purple Heart, nor does it contain any documentation indicating he was treated for wounds or injuries he sustained during his service in the Republic of Vietnam.
8. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank, indicating the absence of any documented wounds during his period of military service.
9. His name does not appear on the Vietnam casualty roster.
10. 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 Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
11. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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. The applicant contends he should be awarded the Purple Heart; however, neither his available record, nor the Vietnam casualty roster, nor ADCARS provide any evidence that shows he was wounded during his period of service in the Republic of Vietnam. Additionally, there is no evidence he received any wounds as a result of hostile action that required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.
2. Regrettably, there is an insufficient evidentiary basis for granting the applicant's requested relief at this time.
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) AR20100015543
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ABCMR Record of Proceedings (cont) AR20130011482
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