BOARD DATE:	  9 October 2012

		DOCKET NUMBER:  AR20120005392 


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 award of the Purple Heart.

2.  He states he received his Purple Heart certificate 3 months ago and his Purple Heart Medal the week prior to his application to the Board.

3.  He provides his DD Form 214 and a document listing the criteria for award of the Purple Heart bearing his name.

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's military records are not available to the Board for review.
3.  His DD Form 214 shows he enlisted in the Regular Army on 8 January 1970.  He was awarded the military occupational specialty of 31S (Field General Communications Security Repairer).

4.  He was released from active duty on 7 March 1972 in the rank/grade of specialist four/E-4 and further assigned to the Army National Guard.  He was credited with completion of 2 years and 2 months of active service.

5.  His DD Form 214 shows he served in Vietnam during the period 9 September 1970 through 5 September 1971.  It does not list the Purple Heart as an authorized award.

6.  The Vietnam casualty roster does not contain his name.

7.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for award of the Purple Heart pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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.  His name is not listed on the Vietnam casualty roster.  A review of ADCARS failed to reveal any orders for award of the Purple Heart pertaining to the applicant.

2.  He contends he recently received his Purple Heart certificate and the Purple Heart medal.  However, he does not state the source of the document and medal.  Further, the document he submitted bearing his name listing the criteria for award of the Purple Heart is not an official Purple Heart certificate.

3.  As such, in the absence of evidence to show he was wounded or injured as a result of hostile action, treated for such wounds, and that the medical treatment was made a matter of official record, there is insufficient evidence upon which to base correction of his records to show award of the Purple Heart.


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)                                         AR20120005392



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ABCMR Record of Proceedings (cont)                                         AR20120005392



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