IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20150002287
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 the Purple Heart (PH).
2. The applicant states he was wounded by construction damage that was caused by the enemy in Vietnam.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to 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 27 January 1969. He was trained in and awarded military occupational specialty 12B (Construction Worker).
3. His DA Form 20 (Enlisted Qualification Record) includes an entry that shows he served in the Republic of Vietnam (RVN) from 12 January to 5 December 1970. Item 40 (Wounds) contains no entries and the PH is not included among the list of awards shown in item 41 (Awards and Decorations).
4. His record does not contain an order or any other documents indicating he was ever recommended for or awarded the PH by proper authority. The applicant's service medical records were available for review and contain no evidence to show he was ever medically treated for a combat related wound.
5. On 26 November 1971, the applicant was honorably released from active duty with 2 years, 9 months, and 29 days of creditable active service of which 10 months and 5 days was foreign service. The DD Form 214 issued to him at that time shows he earned the following awards:
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device 1960
* 2 Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
6. A 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 PH pertaining to the applicant.
7. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam Casualty Roster. There is no entry pertaining to the applicant.
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 PH. It states that in order to support award of the PH 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. There is no available evidence showing the applicant suffered a combat wound as a result of enemy action. Item 40 of the applicant's DA Form 20 does not list the PH and his name is not included on the Vietnam Casualty Roster.
2. Additionally, ADCARS failed to reveal orders for the PH pertaining to the applicant.
3. Absent evidence to corroborate he was wounded as a result of enemy action and that he was treated for those wounds by military medical personnel while serving in the RVN there is insufficient evidence to show he met the criteria for award of the PH.
4. The applicant and all others concerned should know that this action related to award of the PH in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20150002287
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ABCMR Record of Proceedings (cont) AR20150002287
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