IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100013250
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:
* After being wounded in Vietnam he was never awarded the Purple Heart
* Per his Department of Veterans Affairs (DVA) Rating Decision of 9 January 1995, he did suffer a minor fragment wound in the back of his neck after being struck with the fragments of an AK-47 bullet
3. The applicant provides a DVA Rating Decision, dated 9 January 1995, in support of his application.
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 was inducted into the Army of the United States on 12 March 1969. On 16 March 1969, he was honorably discharged for enlistment in the Regular Army (RA). He enlisted in the RA on 17 March 1969 for a period of
3 years. He served as a crew chief in Vietnam from 4 October 1969 to 3 October 1970. On 22 December 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining military service obligation.
3. The applicant's DD Form 214 (Report of Transfer or Discharge) for the period ending 22 December 1971 does not show the Purple Heart as an authorized award.
4. There are no orders for the Purple Heart in the applicants service personnel records.
5. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster.
6. On 5 October 1971, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.
7. There are no service medical records available for review.
8. 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 award of the Purple Heart.
9. In support of his claim, the applicant provided a DVA Rating Decision, dated
9 January 1995. This decision states, in pertinent part, "Service medical records show he suffered a minor fragment wound in the back of the neck in January 1970 when he was struck by fragments of an AK-47 bullet which had hit his aircraft. X-rays showed no retained foreign body due to this minor wound, and the separation examination shows no residual disability. Service connection will be extended for residuals of minor fragment wound, with a less than 10% evaluation assigned, based on a showing of no residual disability at time of separation."
10. 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. The applicant contends he suffered a minor fragment wound in the back of his neck after being struck with the fragments of an AK-47 bullet.
2. There is no evidence of record which shows the applicant was wounded or injured as a result of hostile action in Vietnam. His separation physical examination, dated 5 October 1971, makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.
3. There are no orders for the Purple Heart in the available records. In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the DVA Rating Decision provided by the applicant is not sufficient as a basis for amending his DD Form 214 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 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.
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