IN THE CASE OF:
BOARD DATE: 26 May 2011
DOCKET NUMBER: AR20100028023
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 wounds he received in combat (i.e., burns from a white phosphorous grenade).
2. He states he/his:
* team member threw a white phosphorous grenade that landed short or was picked up and thrown back by the enemy
* back was severely burned
* was medically evacuated to the hospital and treated
* injury was determined to be friendly fire
* found out a new act had been passed allowing award of the Purple Heart for friendly fire incidents
* received an Army retirement letter that stated friendly fire wounds are now eligible for award of the Purple Heart
3. He provides no additional documents.
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 initially enlisted in the Regular Army on 14 February 1966.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Vietnam from 2 February 1967 through 27 January 1968 and 2 June 1970 through 20 April 1971.
4. His service record does not contain any orders which show he was awarded the Purple Heart or medical documentation which shows he was wounded as a result of friendly fire in Vietnam. The Vietnam Casualty Roster does not list his name.
5. He was retired from active duty on 31 July 1988. His DD Form 214 does not show award of the Purple Heart.
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 orders for the Purple Heart pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) provides the Purple Heart is awarded for a wound sustained as a result of hostile action. 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. Members killed or wounded in action by friendly fire. In accordance with 10 USC 1129 for award of the Purple Heart, the Secretary of the Army will treat a member of the Armed Forces in the same manner as a member who is killed or wounded in action as the result of an act of an enemy of the United States.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Purple Heart for burns from a white phosphorous grenade he sustained during combat in Vietnam is acknowledged.
2. However, his service record does not contain any evidence to show he was wounded as a result of hostile action or friendly fire during his tour in Vietnam. In addition, his name is not listed on the Vietnam Casualty Roster.
3. Based on the Military Awards regulation, individuals wounded as a result of "friendly fire" in the heat of battle will be awarded the Purple Heart as long as the friendly projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. However, his service record is void of evidence which shows he was wounded as a result of friendly fire in Vietnam.
4. Therefore, in the absence of any corroborating evidence of record which shows he was wounded or injured as a result of hostile action or friendly fire, there is insufficient evidence upon which to base award the Purple Heart in this case.
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) AR20100028023
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ABCMR Record of Proceedings (cont) AR20100028023
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