IN THE CASE OF:
BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100009042
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 that he be awarded the Purple Heart for combat-related injuries in Vietnam in 1971.
2. The applicant states that in early 1971 he was injured and medically evacuated to Cam Ranh Bay, South Vietnam following enemy action while on a supply convoy. He further states that one new Soldier was killed and two of them (including himself) were injured and sent to the hospital after a 2 ½ ton cargo vehicle was hit by an RPG (Rocket Propelled Grenade). He continues by stating that he went undiagnosed for post-traumatic stress disorder (PTSD) for years because he did not want anything to do with the war; however, he is now being seen for PTSD symptoms by the Department of Veterans Affairs (VA) and the issuance of a Purple Heart may help his treatment at this time.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 22 August 1969 for a period of 3 years and training as a cook. He completed basic training at Fort Bliss, Texas and advanced individual training as a cook at Fort Huachuca, Arizona before being transferred to Vietnam on 6 October 1970.
3. He was assigned to Company C, 815th Engineer Battalion and advanced to the pay grade of E-4 on 1 November 1970. He completed his tour in Vietnam on 30 September 1971 and he was transferred to Fort Ord, California where he remained until he was honorably released from active duty on 24 February 1972. He had served 2 years, 6 months, and 3 days of total active service and his
DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.
4. A review of the available records and the Vietnam Casualty Roster failed to show that the applicant was wounded as a result of enemy action or that he was reported as a casualty. His medical records are not available and there is no evidence in the available records to show that he was treated for wounds or injuries while in Vietnam.
5. 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was injured in Vietnam is not in doubt, the requirements for award of the Purple Heart are that the injuries must be the result of hostile action, the injuries must have required treatment by a medical officer, and the treatment must have been made a matter of record.
2. The applicant has failed to show through the evidence submitted with his application or the evidence of record that any or all of the three criteria for award of the Purple Heart were met. Accordingly, in the absence of evidence to show that he meets the criteria established by the applicable laws and regulations, there is no basis to award him the Purple Heart at this time.
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 the United States during the Vietnam War. 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) AR20100009042
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ABCMR Record of Proceedings (cont) AR20100009042
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