IN THE CASE OF:
BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100023040
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. The applicant states he was wounded in action in the Republic of Vietnam (RVN).
3. The applicant provides a self-authored statement, enlisted efficiency report, and photographs 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 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's record shows he enlisted in the Regular Army on 31 October 1967 and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). It further shows he was promoted to staff sergeant/E-6 on 10 December 1969 and that this is the highest rank he attained while serving on active duty.
3. The applicant's military personnel records jacket (MPRJ) is void of any orders or other documents that show he was ever recommended for or awarded the PH by proper authority while serving on active duty. It is also void of any medical treatment records confirming he was treated for a wound received as a result of enemy action.
4. On 13 August 1970, the applicant was honorably released from active duty. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued does not include the PH in the list of awards contained in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).
5. During the processing of this case, a member of the Board staff reviewed the Vietnam casualty roster. There was no entry on this roster pertaining to the applicant. The Awards and Decorations Computer Assisted Retrieval System (ADCARS), a web-based index containing general orders issued between 1965 and 1973 for the Vietnam era, was also reviewed; however, this search failed to produce PH or any other award orders pertaining to the applicant.
6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-8 contains guidance on award of the PH. It states in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the PH because he was wounded in action in the RVN has been has been carefully considered. However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of the medical treatment must have been made a matter of official record.
2. The record is void of any medical treatment records indicating the applicant was ever treated for wounds received as a result of enemy action in the RVN. Notwithstanding the photographs and statements provided by the applicant, he failed to provide official medical treatment records confirming he required treatment by military medical personnel for wounds received as a result of enemy action while serving in the RVN.
3. Further, item 40 of the applicant's DA Form 20 is blank which indicates he was never wounded as a result of enemy action.
4. Finally, the applicant's name is not listed on the Vietnam casualty roster, the official Department of the Army list of RVN battle casualties. Absent any evidence of record corroborating the applicant's claim he was wounded in action in the RVN or that confirms he required treatment for wound received as a result of enemy action, the regulatory burden of proof necessary to support award of the of the PH has not been satisfied in this case.
5. The applicant and all others concerned should know this action related to award of the PH in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20100023040
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ABCMR Record of Proceedings (cont) AR20100023040
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