IN THE CASE OF:
BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100009706
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:
a. He was injured in the eye in November or December 1967 while he was attached to the 1st Battalion, 18th Infantry, 1st Infantry Division. His commanding officer was Captain J____ B____. He was in the hospital for at least 1 week, maybe 2 weeks. He was offered the Purple Heart at the time, but he refused, feeling that the medal should go to Soldiers more deserving.
b. As time went by, he recognized the importance and value of the Purple Heart. He requests consideration for the award and award of the medal if found worthy. He does not want anything he does not deserve.
c. He was awarded the Bronze Star Medal and Combat Infantryman Badge for his actions.
d. He understands that over 3 years have passed; however, if he is justly entitled to wear the medal, the long time in requesting the Purple Heart should not matter.
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 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 enlisted in the Regular Army on 6 August 1965. He was trained in and awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic). He was honorably released from active duty and transferred to the U.S. Army Reserve on 26 July 1968 after completing 2 years, 11 months, and 21 days of active military service.
3. His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that he served in Vietnam from on or about 13 March 1966 to on or about 12 March 1967 and from on or about 30 October 1967 to on or about 29 July 1968. Item 40 (Wounds) is blank and item 41 (Awards and Decorations) does not show the Purple Heart.
4. The applicant's service medical records are not available to the Board for review.
5. The applicant's official military personnel file is void of orders showing he was awarded the Purple Heart.
6. The applicant's name is not listed on the Vietnam casualty roster.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 pertaining to the applicant.
8. 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 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. The evidence of record does not support the applicant's request for award of the Purple Heart.
2. There are no general orders that show the applicant was awarded the Purple Heart. The evidence of record does not show the applicant was wounded as a result of hostile action or treated for such wounds. The applicant's name does not appear on the Vietnam casualty roster.
3. In the absence of military records showing the applicant was wounded or treated for a wound resulting from hostile action and that medical treatment was made a matter of official record, there is no basis for 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 that 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) AR20100009706
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100009706
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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