IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100025462
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 that he be awarded a Purple Heart.
2. The applicant states that his unit was involved in a firefight in Vietnam and he suffered a severely sprained ankle and he was air lifted to the rear area (Chu Lai) where a physician treated him at the base camp. The next day he was checked again at the hospital. He further states he thought he had to take a bullet to get a Purple Heart but he has since learned that his injury qualifies him for award of the Purple Heart.
3. The applicant provides a witness statement to support his request.
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 27 June 1966, the applicant was inducted into the Army of the United States in Milwaukee, Wisconsin. He completed basic training at Fort Leonard Wood, Missouri and advanced individual training in military occupational specialty 11B (Light Weapons Infantryman) at Fort Polk, Louisiana before being transferred to Fort Belvoir, Virginia to attend Engineer Officer Candidate School (OCS) on 12 December 1966.
3. On 1 May 1967, he was released from OCS and he was transferred to Vietnam for assignment to Company A, 2d Battalion, 1st Infantry Regiment, 196th Light Infantry Brigade for duty as a rifleman.
4. He was promoted to the rank of sergeant on 15 April 1968 and departed Vietnam on 27 April 1968. He was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 28 April 1968 as an oversea returnee.
5. His DD Form 214 issued at the time of his REFRAD reflects that he had served 1 year, 10 months and 2 days of active service and he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal and Combat Infantryman Badge.
6. A review of the available records failed to reveal any evidence to show the applicant was wounded/injured as a result of enemy action or that he was treated for any such wounds/injuries. Additionally, his name is not contained on the Vietnam Casualty Listing and there are no orders present to show he was awarded the Purple Heart. The applicants medical records are not present for review by the Board.
7. The applicant's witness statement indicates he witnessed the applicant being injured in a firefight when he suffered a severely sprained ankle. The statement does not indicate when or where the event occurred.
8. 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 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. While the sincerity of the applicants claim that he was injured as a result of enemy action is not in doubt, there is insufficient evidence to show with any degree of certainty what happened in his case.
2. The award of the Purple Heart is tied to a specific event and date and neither did the applicant nor his witness provide either.
3. Additionally, there must be sufficient evidence to establish that the injury was the result of enemy action and the treatment was made a matter of record. Unfortunately, none of the criteria for award of the Purple Heart is present in the available evidence.
4. Therefore, in the absence of such evidence, there is no basis to authorize award of the Purple Heart at this time.
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 that 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 that this action in no way diminishes the sacrifices made by the applicant 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) AR20100025462
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ABCMR Record of Proceedings (cont) AR20100025462
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