IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130012753
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, in effect, he was not awarded the Purple Heart for an injury he sustained during a rocket attack in the Republic of Vietnam (RVN).
3. The applicant provides no additional evidence.
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 31 July 1968 and after completing his initial training he was awarded military occupational specialty (MOS) 67N (Helicopter Repairman).
3. He served in the RVN and he was assigned to the 604th Transportation Company (Aircraft Direct Support) from 31 October 1969 through 19 July 1970.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 40 (Wounds) no entry (blank)
* item 41 (Awards and Decorations) no entry for the Purple Heart
5. On 21 July 1970, he was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 1 year, 11 months, and 21 days of total active service.
6. His medical records are not available for review; however, his record contains a Standard Form 88 (Report of Medical Examination), dated 21 July 1970, completed in conjunction with his separation from the Army. The applicant did not indicate that he had sustained an injury of any kind during his period of service and he further noted in Item 73 (Notes (Continued) and Significant or Interval History) of this form that he:
* felt in good condition
* felt the same as he did at his last physical
* had reviewed his medical records
7. A review of The Adjutant General's Office Casualty Division's Vietnam Casualty Listing does not show the applicant's name as a casualty.
8. 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. His record is void of orders awarding him the Purple Heart.
10. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 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 requests award of the Purple Heart.
2. The evidence of record shows that he failed to record any combat injuries at the time of his medical separation examination. Further, the evidence does not show that he received any wounds as a result of hostile action that would have warranted award of the Purple Heart. In the absence of such evidence, there is no basis for granting his request.
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) AR20130012753
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ABCMR Record of Proceedings (cont) AR20130012753
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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