IN THE CASE OF:
BOARD DATE: 13 November 2014
DOCKET NUMBER: AR20140006725
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart.
2. The applicant states he was on a mission in the Republic of Vietnam (RVN) to secure a downed helicopter that was taking fire when he injured his back while debarking a transport truck with full gear and weapon. He sustained a permanent injury.
3. The applicant provides no additional documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. Evidence of record shows:
a. on 28 August 1969, the applicant was inducted into the Army of the United States. He was trained as a light weapons infantryman;
b. on 16 January 1970, he departed Fort Polk, LA for duty in the RVN;
c. on 8 February 1970, the applicant was assigned for duty as a rifleman with Company C, 54th Infantry Regiment;
d. on 24 March 1971, he departed the RVN and returned to the United States; and
e. on 2 April 1971, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4 and had completed 1 year,
7 months, and 5 days of total active service.
3. The applicant's DD Form 214 indicates he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows:
a. in Item 38: (Record of Assignments): there is no entry indicating he was a patient;
b. in Item 40 (Wounds): there is no entry indicating he was wounded in action; and
c. in Item 41 (Awards and Decorations): the entries indicate the same awards as listed on his DD Form 214.
5. The applicants name is not listed on the Vietnam Casualty Roster.
6. The applicants service medical records were not available for review.
7. 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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected to show award of the Purple Heart based on an injury he sustained while jumping off a transport vehicle while on a mission to recover a downed helicopter.
2. The Vietnam Casualty Roster does not contain the applicant's name. The applicant's DA Form 20 does not indicate he received any wounds while in action or that he had been in a patient status at any time.
3. In view of the above, the available evidence is insufficient to show that the applicant was wounded as a result of enemy action or that he received medical treatment for any such wounds.
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) AR20110020295
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ABCMR Record of Proceedings (cont) AR20140006725
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