IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100029047
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 to be awarded the Purple Heart.
2. The applicant states he received a gunshot injury to his left arm on 2 September 1967 while serving in Vietnam. He goes on to state he was treated in Cu Chi and then flown to Saigon where he was hospitalized for a month before returning to his unit. He also states he has known for years that his records did not show he received the Purple Heart; however, he believes his records should be corrected at this time. He further states that although his records do not reflect treatment for the wound, he is receiving a 10-percent disability rating from the Department of Veterans Affairs (VA) for residuals of gunshot wounds.
3. The applicant provides a copy of his VA Rating Decision and 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 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. The applicant initially served in the Wisconsin Army National Guard before enlisting in the Regular Army on 30 July 1963. He completed basic training at Fort Leonard Wood, Missouri, and airborne training at Fort Benning, Georgia, before being assigned to Fort Bragg, North Carolina, as a light vehicle driver and then and a light weapons infantryman.
3. He served a 17-month tour of duty in Okinawa, a 19-month tour of duty in Vietnam from 29 July 1966 to 26 February 1968 and on 6 November 1968 he was honorably discharged in pay grade E-5 for immediate reenlistment. His DD Form 214 issued at the time of his discharge shows he was awarded the Parachutist Badge, Combat Infantryman Badge, National Defense Service Medal, Vietnam Service Medal, Air Medal, Aircraft Crewman Badge, Army Commendation Medal with "V" Device, Vietnam Campaign Medal, and Armed Forces Expeditionary Medal. He completed 6 years, 7 months, and 4 days of active service.
4. On 7 November 1968, he reenlisted for a period of 3 years. He served an
11-month tour of duty in Vietnam from 30 November 1970 to 2 November 1971. On 8 September 1972, he was honorably discharged due to the expiration of his term of service. His DD Form 214 issued at the time of his discharge shows additional awards of the Army Good Conduct Medal and Bronze Star Medal.
5. A review of his official records failed to show the applicant was wounded in action or that he was awarded the Purple Heart. However, he indicated on his separation physical/medical examination in 1972 that he had a gunshot wound in his left arm.
6. A search of the Vietnam casualty listing failed to reveal the applicant was wounded in action or reported as a casualty.
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 for the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards) states 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 by medical personnel, 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 on 2 September 1967 and should have been awarded the Purple Heart is not in doubt, he failed to show through the evidence submitted with his application and the evidence of record that he was, in fact, wounded as a result of hostile action and that treatment for his wound was made a matter of record.
2. In the absence of sufficient evidence to show otherwise, there appears to be no basis to grant his request. However, 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.
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) AR20100029047
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ABCMR Record of Proceedings (cont) AR20100029047
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