IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100022540
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 (PH).
2. He states he was injured around September 1969 while stationed at Fire Base Nancy in Vietnam and spent 2 months in the hospital.
3. He contends he was in a war zone when he got hurt and has both physical and mental scars as a result. Awarding him the PH would help to heal some of his mental scars.
4. He provides no additional evidence.
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. His military personnel record shows he was inducted into the Army of the United States on 9 October 1968. He was trained in and awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).
3. His DA Form 20 (Enlisted Qualification Record) shows the following:
* Item 31 (Foreign Service) 6 April 1969 through 18 May 1970 (Vietnam)
* Item 38 (Record of Assignments)
* Company E, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade, in duty MOS 11C as an ammunition bearer and assistant gunner from 21 April 1969-8 May 1970
* Medical Holding Company (MHC), U.S. Army Hospital, Camp Zama, Japan, as a patient from 9-17 May 1970
* MHC, Brooke General Hospital (BGH), Brooke Army Medical Center (BAMC), Fort Sam Houston, TX, as a patient from 18 May 1970 until his release from active duty (REFRAD)
* Item 40 (Wounds) is blank
* Item 41 (Awards and Decorations) no evidence he was awarded the PH; however, he was awarded the Combat Infantryman Badge (CIB)
4. His record contains a DD Form 173 (Joint Messageform), dated 15 May 1970. This message shows he was assigned to the MHC, Camp Zama, and was to be reassigned to BAMC on or about 16 May 1970.
5. His record also contains a Headquarters, BGH, BAMC, letter, dated 20 May 1970. This letter shows a request for a line-of-duty (LOD) determination surrounding the applicant's injuries was sent to the Department of the Army Adjutant General's Office.
6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably REFRAD on 2 July 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 1 year, 8 months, and 24 days of active duty service and 1 year, 1 month, and 13 days of foreign service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of this form does not show he was awarded the PH, but it does show he was awarded the CIB.
7. His name is not listed on the Vietnam casualty roster. His record is void of any medical documentation showing the cause of his hospitalization and he has not provided any medical documentation.
8. 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 any orders awarding him the PH.
9. Army Regulation 600-8-22 states the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify 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:
1. His request for award of the PH was carefully considered; however, it is not supported by the available evidence of record.
2. The evidence also shows he required medical treatment and hospitalization; however, the reason is not available for review and he has not provided sufficient evidence to show he sustained injuries as a result of hostile action.
3. In the absence of such evidence, there is an insufficient basis on which to grant the requested relief. Should he obtain a copy of the LOD determination that shows he sustained injuries as a result of hostile action, he can use that documentation as new evidence to resubmit his request.
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 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) AR20100022540
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ABCMR Record of Proceedings (cont) AR20100022540
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