IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001881
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), and the Purple Heart.
2. The applicant states his DD Form 214 does not show his service in Vietnam. Specifically, the VSM, RVNCM with Device (1960), and Purple Heart are not listed. He was wounded in Vietnam, hospitalized, then returned home to a hospital in Kansas.
3. The applicant provides his DD Form 214, effective 20 August 1970.
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 21 August 1967. He served in the RVN from 5 March 1968 through 24 February 1969 as a supply clerk.
3. His records contain a DA Form 20 (Enlisted Qualification Record) that shows in:
* item 38 (Record of Assignments) - he was a patient on 2 December 1969 at the Medical Hold Company, Fort Knox, KY
* item 40 (Wounds) no entry
* item 41 (Awards and Decorations) no Purple Heart
4. He was honorably released from active duty on 20 August 1970. He completed 3 years of total active service. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
5. A review of the Vietnam casualty roster does not show the applicant's name.
6. 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.
7. On 20 October 1983, the applicant was issued a DD Form 215 (Correction to DD Form 214) to add the following in:
* item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):
* Good Conduct Medal
* Meritorious Unit Emblem
* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge
* item 30 (Remarks) - the entry "Vietnam Service: 5 MAR 68 - 4 MAR 69"
8. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the Purple Heart. It states that in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and a record of this medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requested his DD Form 214 be corrected to show the VSM, RVNCM with Device (1960), and the Purple Heart.
2. The evidence of record does not show and the applicant has not provided sufficient documentary evidence showing he received wounds as a result of hostile action that would have warranted award of the Purple Heart.
3. The record shows that the applicant was in fact a patient at the Medical Hold Hospital, Fort Knox, KY; however, there is no evidence to support he was hospitalized as the result of wounds received in combat. In the absence of such evidence, there is an insufficient evidentiary basis for showing he was awarded the Purple Heart or for adding the Purple Heart to his DD Form 214.
4. In regard to the award of the VSM and RVNCM with Device (1960), the applicant was issued a DD Form 215 on 20 October 1983 which shows these awards, as well as, his period of service in the RVN. As such there is no apparent error; therefore, no correction required. A copy of the DD Form 215 will be provided to him.
5. In view of the above, his request should be denied.
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) AR20140001881
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ABCMR Record of Proceedings (cont) AR20140001881
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