BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100023256
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 for injuries he sustained from direct enemy actions.
2. The applicant states the award was omitted due to an oversight.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 1 November 1966 and page 3 from his Department of Veterans Affairs (VA) determination letter.
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. On 15 August 1962, he enlisted in the Regular Army and he was awarded military occupational specialty 111 (Light Weapons Infantryman).
2. He served in the Republic of Vietnam with Company D (Maintenance), 173rd Support Battalion, from 11 May 1965 through 29 October 1966.
3. His medical records were not available for review. There are no orders in his military personnel records awarding him the Purple Heart.
4. He was released from active duty on 1 November 1966 as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. The DD Form 214 he was issued at the time shows he completed 4 years, 2 months, and 17 days of total active service. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show the Purple Heart. Item 27 (Wounds Received as a Result of Action with Enemy Forces) shows the entry "NONE."
5. His name is not listed on the Vietnam casualty roster.
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
7. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart.
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 for the Purple Heart pertaining to the applicant.
9. The applicant provides a page from his VA determination which reads "Your medical records show that you burned your left heel when you stepped on a piece of hot shrapnel from hostile action. This occurred on the date that you stated." This document is certified by a National Service Officer for the Military Order of the Purple Heart.
10. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, was wounded or killed, or who died or may die after being wounded in any action against an enemy of the United States. 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. His DA Form 20 does not list any injuries in item 40. The Vietnam casualty roster does not contain the applicant's name. There are no available medical records showing he was treated for a wound he received as a result of hostile action. The VA determination letter submitted by the applicant is insufficient evidence to support his contention that he was wounded as a result of enemy action.
2. In view of the foregoing, his request should be denied.
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) AR20100023256
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ABCMR Record of Proceedings (cont) AR20100023256
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