IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100022769
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 to be awarded the Purple Heart.
2. The applicant states he was in the lead crossing a stream with others behind him and one of them threw a grenade to the other side that hit a tree branch and some of it hit him in the left side of the throat. He states he was unable to have it looked at for a couple of days and by that time it had gotten infected. He also states he had to have gauze put on it and replaced every day while in the field. He continues by stating that his captain put him in for a Purple Heart, but it was denied by the battalion because it was deemed "friendly fire." He also states that the captain is no longer living, but the battalion commander is.
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 9 February 1965 for a period of 3 years. He completed basic training at Fort Dix, New Jersey, and advanced individual training as a Hawk missile crewman at Fort Bliss, Texas, before being transferred to Germany on 7 July 1965.
3. He departed Germany on 3 December 1965 en route to Fort Benning, Georgia, to attend Infantry Officer Candidate School (OCS). He completed OCS and was honorably discharged on 20 June 1966 to accept a U.S. Army Reserve commission with concurrent call to active duty.
4. He was appointed as an infantry second lieutenant on 21 June 1966 and was transferred to Hawaii on 30 July 1966 for assignment to the 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade. He was promoted to the rank of first lieutenant on 21 June 1967.
5. On 6 December 1967, he was transferred to Vietnam with his unit. He served in Vietnam until 12 June 1968 when he was transferred to Fort Lewis, Washington.
6. On 16 June 1968, he was honorably released from active duty (REFRAD) due to the expiration of his active duty commitment. He completed 3 years, 4 months, and 8 days of active service. His DD Form 214 issued at the time of his REFRAD reflects he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Bronze Star Medal for meritorious service.
7. A review of his official records failed to show any indication the applicant was wounded in Vietnam or that treatment for such wounds was made a matter of record. Additionally, his name is not contained in the Vietnam casualty listing.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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 medical personnel, and the medical treatment must have been made a matter of official record.
9. Army Regulation 600-8-22 also provides for award of the Purple Heart to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was wounded/injured in Vietnam is not in doubt, he failed to show through the evidence of record and the evidence submitted with his application that he meets the criteria for award of the Purple Heart.
2. In the absence of evidence to show he was wounded/injured as a result of enemy action and that treatment for such wounds/injuries was made a matter of record, there appears to be no basis to award him the Purple Heart at this time.
3. In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States
during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100022769
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ABCMR Record of Proceedings (cont) AR20100022769
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