IN THE CASE OF:
BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100029865
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. The applicant states on 14 May 1971, he was hit by a land mine and he was wounded with a concussion. He did not have any shrapnel wound. He was medically evacuated out to the rear detachment.
3. The applicant did not provide any additional evidence.
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 enlisted in the Regular Army on 19 January 1970. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Light Weapon Infantryman).
3. On 22 September 1971, the applicant was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4. He completed 1 year,
8 months, and 4 days of total active service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 26 June 1970 to 25 May 1971, performing duties in MOS 11B as a rifleman, grenadier, and automatic rifleman.
5. Item 40 (Wounds) of his DA Form 20 is blank.
6. Item 41 (Awards and Decorations) of his DA Form 20 does not show the Purple Heart in the list of awards.
7. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing failed to show the applicant's name on the listing.
8. The applicant's Standard Form (SF) 88 (Report of Medical Examination) and SF 93 (Report of Medical history) contained in his OMPF do not indicate he was wounded, sustained injuries as a result of hostile action, or that he received treatment for injuries sustained as a result of hostile action.
9. Army Regulation 600-8-22 (Military Awards) provides the Army's award policy. Paragraph 2-8 contains guidance on the Purple Heart. It states the Purple Heart is awarded to members wounded in action. It also states in order to award the Purple Heart there must be evidence of the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Purple Heart has been carefully considered. However, the evidence of record fails to support this request.
2. By regulation, in order to support award of the Purple Heart the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required medical treatment by medical personnel, and this medical treatment must have been made a matter of official record.
3. The record contains no medical treatment records or other documents that confirm the applicant was ever wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam. The regulatory burden of proof necessary to support award of the Purple Heart has not been met. Therefore, it would not be appropriate to award the applicant the Purple Heart.
4. The applicant and all others concerned should know this action related to award of the Purple Heart in no way diminishes the sacrifices made by him in service to our Nation. 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 justice. 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) AR20100029865
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ABCMR Record of Proceedings (cont) AR20100029865
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