IN THE CASE OF:
BOARD DATE: 4 May 2011
DOCKET NUMBER: AR20100026096
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.
2. He states he was wounded in the Vietnam War and lost his right index finger as a result.
3. He provides:
* an excerpt of his military medical record
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a previous Board Record of Proceedings
* a letter from the National Personnel Records Center (NPRC)
* a page of instructions for obtaining medals
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 service records show he was inducted into the Army of the United States on 15 May 1967. He served in military occupational specialty 76A (Supply Clerk) upon completion of basic combat and advanced individual training.
3. His DA Form 20 (Enlisted Qualification Record) shows:
* item 31 (Foreign Service) he served in Vietnam from 21 August through 12 December 1967
* item 40 (Wounds) is blank
* item 41 (Awards and Decorations) does not contain the Purple Heart
4. He provided an excerpt of his military medical records. All documents show his right hand was injured on 21 September 1967 while serving in the Republic of Vietnam and he was treated by medical personnel. His injury was self-inflicted and occurred as a result of an accidental discharge while cleaning his M-16 rifle.
5. His DD Form 214 shows he was honorably released from active duty on 28 October 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve service obligation. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart.
6. His name does not appear on the Vietnam casualty roster.
7. 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 Purple Heart.
8. He provided a copy of ABCMR Record of Proceedings AR20090006439 for a previous request which is unrelated to the current issue. He highlighted two paragraphs and points out the information which states his right index finger was missing at the time of his induction as shown on his Standard Form 89 (Report of Medical History) is incorrect. The Standard Form 89 to which he refers is dated 12 December 1967.
9. He also provided a letter from NPRC, dated 18 August 2010. This letter shows that no record was found indicating he was authorized award of the Purple Heart. He was further referred to the ABCMR.
10. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart. This regulation stated that authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.
11. Army Regulation 600-8-22 (Military Awards) provides that 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, and the medical treatment must have been made a matter of official record. There is no statute of limitations governing requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does show he served in Vietnam from 21 August 1967 through 12 December 1967 and he received medical treatment for an injury to his right hand on 21 September 1967.
2. He provided a copy of a previous ABCMR proceeding in which he disputes the time frame for his injury. Notwithstanding the statement that his right index finger was not missing at the time of induction, the evidence of record clearly shows his injury was self-inflicted and resulted from an accidental discharge while cleaning his M-16 rifle. There is no substantiating evidence and he has not provided sufficient evidence to verify the injury he sustained was the result of hostile action.
3. As a result, there is insufficient evidence to base award of the Purple Heart.
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) AR20100026096
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ABCMR Record of Proceedings (cont) AR20100026096
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