IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130014935
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 his awards of the Purple Heart and Army Commendation Medal (ARCOM).
2. The applicant states he was medically evacuated to Valley Forge Hospital and was awarded the Purple Heart and ARCOM; however, he never received the paperwork for those awards and he did not realize they were not added to his DD Form 214.
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 was commissioned as a U.S. Army Reserve second lieutenant in the Army Dental Corps on 16 April 1965. He was ordered to active duty in the rank of first lieutenant on 3 July 1967. He completed his officer basic course at Fort Sam Houston, Texas, and was transferred to Fort Leonard Wood, Missouri, for his first assignment. He was promoted to the rank of captain on 3 July 1967.
3. On 6 May 1968, he was transferred to Vietnam for assignment to the 40th Medical Detachment for duty as a dental officer. On 4 April 1969, he was admitted to the 12th Evacuation Hospital in Vietnam as a patient. On 14 April 1969, he was transferred to the 249th General Hospital in Japan. On 24 April 1969, he was transferred to Valley Forge General Hospital in Phoenixville, Pennsylvania.
4. On 30 April 1969, he was honorably released from active duty due to completion of required service. He completed 1 year, 9 months, and 28 days of active service during this period. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).
5. A review of his official records failed to reveal orders awarding the applicant the Purple Heart and ARCOM. Additionally, there is no evidence showing he was wounded or injured as a result of enemy action and his name is not contained on the Vietnam casualty listing. His separation physical shows he had pneumonia in April 1969.
6. 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 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.
7. Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was awarded the Purple Heart and ARCOM is not in doubt, the applicant failed to show through the evidence of record that such was the case.
2. Additionally, there is no evidence in the available records showing he was wounded/injured as a result of enemy action and that treatment for such wounds/injuries was made a matter of record.
3. In the absence of such evidence, there appears to be no basis to grant the applicant's request.
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 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 this action in no way diminishes the sacrifices made by him 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) AR20130014935
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ABCMR Record of Proceedings (cont) AR20130014935
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