IN THE CASE OF:
BOARD DATE: 13 April 2010
DOCKET NUMBER: AR20090018086
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.
2. The applicant states he was wounded by shrapnel to his back and arm and treated for his wounds by his unit medic while serving in Vietnam. The applicant further states at that time he refused the Purple Heart because his wounds were nothing compared to losing his fellow Soldiers or his life. In hindsight, he recognizes the experience was more traumatic and contributed to his Post-Traumatic Stress Disorder (PTSD) and he would like to be recognized for the trauma he experienced.
3. The applicant provides no additional documentation in support of this case.
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 applicants 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 applicants 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 17 July 1967 and successfully completed basic combat and advanced individual training. He was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).
3. On 18 March 1968, the applicant was honorably discharged and immediately reenlisted on 19 March 1968. His DD Form 214 for the period ending 18 March 1968 shows he was awarded the National Defense Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. On 30 May 1968, the applicant arrived in Vietnam and was assigned to
E Company, 2nd Battalion, 1st Infantry, 196th Infantry Brigade.
5. On 29 May 1969, the applicant departed Vietnam. On 18 March 1971, he was honorably released from active duty after completing 3 years of creditable active service during this term of service.
6. The applicant's DD Form 214 for the period ending 18 March 1971 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with 6 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, two Overseas Service Bars, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Expert Marksmanship Qualification Badge with Grenade Launcher (81mm) Bar.
7. There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart. Further, there is no evidence in his service personnel records that shows he was wounded or treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam Casualty Roster.
8. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded and item 41 (Awards and Decorations) does not show award of the Purple Heart.
9. 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 Purple Heart pertaining to the applicant.
10. The applicant's Army medical treatment records are not available.
11. 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 medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided evidence that shows he was injured as a result of hostile action.
2. Lacking any corroborating evidence of record showing the applicant was treated by medical personnel for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
3. Regrettably, in view of the foregoing, there is insufficient evidence that would warrant granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that 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.
__________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) AR20090018086
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ABCMR Record of Proceedings (cont) AR20090018086
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