IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140000817
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 (Report of Separation from Active Duty) to show award of the Purple Heart.
2. The applicant states:
* his DD Form 214 doesn't show all his medals/awards
* he was shot in Vietnam and should have the Purple Heart
* he was an expert with all the weapons when he was in the Army from 1972 to 1974
* you had to take over the weapon when somebody got hurt
3. The applicant provides:
* DD Form 214
* letters from a Member of Congress, dated 13 December 2013 and 5 September 2013
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 7 April 1972 for a period of 2 years. He completed his training and was awarded military occupational specialty 11B (light weapons infantryman). On 24 September 1974, he was honorably released from active duty.
3. Item 18f (Foreign and/or Sea Service This Period) of his DD Form 214 does not show any foreign service. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
4. There is no evidence in the available records showing the applicant was awarded the Purple Heart or that he was wounded as a result of hostile action in Vietnam.
5. Items 31 (Foreign Service) and 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) are blank.
6. His name does not appear on the Vietnam casualty roster.
7. 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.
8. There is no evidence of record showing he served in Vietnam.
9. 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. Although the applicant contends he was shot in Vietnam, there is no evidence showing he served in Vietnam.
2. Army Regulation 600-8-22 establishes basic requirements for award of 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. There are no orders for the Purple Heart in the available records.
4. There is no evidence of record and he provided no evidence that shows he was wounded or injured as a result of hostile action in Vietnam. Regrettably, there is insufficient evidence on which to base adding award of 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 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) AR20140000817
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140000817
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