IN THE CASE OF:
BOARD DATE: 8 September 2010
DOCKET NUMBER: AR20100010102
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 the Purple Heart should have been awarded to him because he still carries shrapnel from a wound received in Vietnam.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a Department of Veterans Affairs (VA) Disability Rating Decision.
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's record shows he was inducted into the Army of the United States on 5 February 1969. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist). The highest rank he attained while serving on active duty was specialist four/pay grade E-4.
3. On 4 February 1971, he was released from active duty under the provisions of Army Regulation 635-200 (Enlisted Separations), Chapter 2, by reason of expiration of term of service. He completed 2 years of creditable active service.
4. Records show the applicant served in the Republic of Vietnam (RVN) during the period 3 July 1969 through 2 July 1970. During his Vietnam tour, he was assigned to the 3rd Squadron, 11th Armored Cavalry Regiment.
5. There are no orders in the applicant's record which show he was awarded the Purple Heart. His DD Form 214 does not show award of the Purple Heart.
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
7. There is no medical evidence in the available record which shows that he sustained wounds as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
8. The Vietnam Casualty List, a compilation of all casualties during the Vietnam War, does not list the applicant as a casualty.
9. The applicant provided a VA Rating Decision, dated 5 February 2010, which states in part, that the evaluation of his shrapnel wound scar of the back, currently rated 0 percent disabling, is continued.
10. Army Regulation 600-8-22 provides 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. The applicant's contention that he is entitled to award of the Purple Heart was carefully considered. However, there is insufficient evidence to support this request.
2. The applicant's record shows he did serve in Vietnam for 12 months. However, his record does not contain any evidence that indicates he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record. Therefore, there is an insufficient basis for awarding the Purple Heart to the applicant.
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) AR20100010102
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ABCMR Record of Proceedings (cont) AR20100010102
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