BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110013692 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states he was injured as a result of a mortar round in Vietnam; however, he was never awarded the Purple Heart.

3.  The applicant provides a copy of his 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.  His record shows he was inducted into the Army of the United States on 22 April 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  On 21 April 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for the remainder of his Reserve obligation.  The highest rank/grade he attained while serving on active duty was sergeant/
E-5.

3.  Item 30 (Remarks) of his DD Form 214 shows he served in the Republic of Vietnam from 23 September 1968 through 15 September 1969.

4.  There is no evidence in the available record and he has not provided any evidence showing he was awarded the Purple Heart.

5.  The applicant's name does not appear on the Vietnam casualty roster.

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.

7.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he should be awarded the Purple Heart and his record should be corrected to show he was awarded the Purple Heart were carefully considered.

2.  The applicant did not provide any medical evidence showing he was wounded in Vietnam, neither does his available records reflect he was wounded in Vietnam.  Accordingly, based on the foregoing there is insufficient evidence to award him the Purple Heart.

3.  This action 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 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)                                         AR20110006417



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ABCMR Record of Proceedings (cont)                                         AR20110013692



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