IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130015555
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 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 in the 1st Air Cavalry north of Bien Hoa during operation Jeb Stewart
* He served in Vietnam from 21 September 1971 to 20 June 1972
* He was wounded in the fall of 1971 and was treated in Saigon at Tan Son Nhut Air Base
* He received the Purple Heart, but it is not listed on his DD Form 214
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 enlisted in the Regular Army on 2 April 1971 for a period of
2 years. He completed his training and was awarded military occupational specialty 62E (crawler and tractor operator). He served in Vietnam from
21 September 1971 to 20 June 1972.
3. On 12 February 1973, he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. His Standard Form (SF) 93 (Report of Medical History) shows the entry "Laceration of the head no skull fracture when was in Vietnam." However, there is no evidence which shows this laceration was the result of hostile action.
4. On 30 March 1973, he was honorably released from active duty.
5. His DD Form 214 does not show the Purple Heart as an authorized award.
6. 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.
7. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
8. His name does not appear on the Vietnam casualty roster.
9. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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.
10. 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 wounded in 1971 and treated for his wound.
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. Although contemporaneous medical evidence (his SF 93, dated 12 February 1973) states he suffered a head laceration in Vietnam, it does not mention any injuries or wounds sustained as a result of hostile action.
4. There is no evidence in the available records and he provides no evidence that shows he was wounded as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence on which to base 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) AR20130015555
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015555
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