IN THE CASE OF:
BOARD DATE: 24 May 2011
DOCKET NUMBER: AR20100027753
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 the Purple Heart.
2. The applicant states, in effect, that he was wounded in Vietnam on 16 July 1969 and was not awarded the Purple Heart. He goes on to state that he never got treatment and took care of the wound himself.
3. The applicant provides:
* A one-page letter explaining the circumstances of his wound
* An unsigned statement from his squad leader
* A copy of orders awarding him the Army Commendation Medal with V Device for heroism on 16 July 1969
* 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 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. The applicant was inducted into the Army of the United States in Spokane, Washington on 17 July 1968. He completed his basic training and advanced individual training as an infantry indirect fire crewman at Fort Lewis, Washington and was transferred to Vietnam on 26 January 1969. He was assigned to Company E, 2d Battalion, 501st Infantry Regiment, 101st Airborne Division (Airmobile) for duty as an ammunition bearer.
3. On 27 October 1969, he was awarded the Army Commendation Medal (ARCOM) with V Device (First Oak Leaf Cluster) for heroism on 16 July 1969. The citation for this award makes no mention of the applicant being wounded.
4. The applicant departed Vietnam on 24 January 1970 for assignment to Fort Lewis, Washington where he remained until he was honorably released from active duty (REFRAD) on 10 September 1970. He had served 2 years and
3 days of total active service and he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Air Medal, the Republic of Vietnam Campaign Medal and ARCOM with V Device and 1 Oak Leaf Cluster.
5. A review of his records failed to show any evidence he was wounded in Vietnam as a result of enemy action or that he was treated for such wounds. Additionally, his name is not contained in the Vietnam casualty listing.
6. 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.
7. Army Regulation 600-8-22 (Military Awards) provides that the PH 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 applicant's claim that he was wounded in Vietnam is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application that he was wounded as a result of enemy action and that the treatment for his wounds was made a matter of official record.
2. In the absence of such evidence, there appears to be no basis to award him 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 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) AR20100027753
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ABCMR Record of Proceedings (cont) AR20100027753
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