IN THE CASE OF:  

		BOARD DATE:  3 April 2012

		DOCKET NUMBER:  AR20110019901


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 add his award of the Purple Heart.

2.  The applicant states he was involved in a booby trap/howitzer shell detonation while serving in Vietnam.  He was hospitalized for approximately 1 week due to the booby trap wounds.  The Purple Heart was issued after he was discharged.

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.  Following prior enlisted service, the applicant attended officer candidate school and was commissioned as an infantry second lieutenant in the U.S. Army Reserve (USAR).  He entered active duty and was assigned to Fort Lewis, WA, on 21 September 1970.

3.  The applicant's DA Form 66 (Officer Qualification Record) shows in:

	a.  in item 18 (Record of Assignments) that he served in Vietnam from 19 August 1971 through 2 February 1972 and

	b.  in item 21 (Awards and Decorations) no entry for the Purple Heart.

4.  The Standard Form 88 (Report of Medical Examination) used for his February 1972 separation lists an injury to his right knee, but there is no annotation to indicate the injury happened when he was in Vietnam.

5.  The applicant was released from active duty on 13 February 1972 as a first lieutenant.  He completed a total of 1 year, 5 months, and 16 days of active service during the period covered by the DD Form 214.

6.  His DD Form 214 does not list the Purple Heart in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).

7.  A review of the applicant's military personnel record failed to reveal any evidence he was authorized or awarded the Purple Heart.

8.  His medical records are not available for review with this case and his name is not shown in the Vietnam casualty roster.

9.  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 orders awarding the applicant the Purple Heart.

10.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while 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.  ADCARS does not contain orders for the Purple Heart pertaining to the applicant and the Vietnam casualty roster does not contain the applicant's name.

2.  There is no official record to show the applicant was treated for a wound sustained as a result of enemy action or while in action against the enemy.
 
3.  In view of the foregoing, there is insufficient evidence to support the applicant's request for adding the Purple Heart to his DD Form 214.

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)                                         AR20110019901



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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