IN THE CASE OF:	  

		BOARD DATE:	    15 November 2011

		DOCKET NUMBER:  AR20110010718 


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 award of the Purple Heart and correction of his
DD Form 214 (Report of Separation from Active Duty) for the period ending
19 March 1971 to show this award.

2.  The applicant states:

* He had to be airlifted out of Vietnam to Japan due to a knee wound he received while serving with the 109th Airborne in Vietnam
* He is currently receiving a 10 percent (%) disability rating percentage for that wound

3.  The applicant provides:

* Page 3 of his DA Form 20 (Enlisted Qualification Record)
* A National Personnel Records Center (NPRC) Test Form 99-2A (Addendum to DA Form 1577 (Authorization for Issuance of Awards)), dated 18 February 2000
* His DD Form 214 for the period ending 19 March 1971

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 14 June 1967 for a period of 
3 years.  He served as a pioneer and he was honorably discharged on 20 April 1968 for immediate reenlistment.  He reenlisted on 21 April 1968 for a period of 
4 years.  He served in Vietnam from 7 July 1968 to 15 August 1969.  On 
19 March 1971, he was discharged.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 19 March 1971 does not show the Purple Heart as an authorized award.

4.  There are no orders for the Purple Heart in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  His name does not appear on the Vietnam casualty listing.

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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

7.  His DA Form 20 does show he was medically evacuated on 8 July 1969 from Vietnam to Japan.  However, there is no evidence and he did not provide any evidence that shows he was evacuated for wounds/injuries incurred as a result of hostile action.

8.  His service medical records are not available for review.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by military personnel, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

There is no evidence of record and the applicant did not provide any evidence that shows he was wounded or injured as a result of hostile action in Vietnam.  Regrettably, there is an insufficient basis for granting his requested relief.

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)                                         AR20110010718



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ABCMR Record of Proceedings (cont)                                         AR20110010718



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