IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100013883
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, in effect, while assigned in the Republic of Vietnam outside of Tay Ninh, he was hit during a mortar attack which took place in August or September 1969. He adds several Soldiers, including himself, were taken to the medical station. The applicant recalls his commander informing him that he was going to recommend him for award of the Purple Heart, but he declined the award because he thought by receiving the Purple Heart for being wounded, he would take away from the significance of the Purple Heart awarded to his brother for being killed in action in Korea.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a self-authored statement, and a photograph.
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. Records show the applicant was inducted into the Army of the United States on 29 January 1969. He served in Vietnam from 17 June 1969 to 16 June 1970. He was honorably released from active duty on 28 January 1971.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded the Purple Heart.
4. Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows no entries of any wounds received.
5. The available records contain no documentation showing the applicant sustained wounds or was treated for wounds incurred as a result of hostile action. His name is not listed on the Vietnam casualty roster.
6. His records contain no evidence of any general orders awarding him the Purple Heart. A 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 U.S. Army Human Resources Command failed to reveal any orders for the Purple Heart.
7. Army Regulation 600-8-22 (Military Awards) 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action during his service in Vietnam. Therefore, in the absence of medical records or any other corroborating evidence to support the applicant's contention, there is an insufficient basis for award of the Purple Heart in this case.
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) AR20100013883
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ABCMR Record of Proceedings (cont) AR20100013883
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