IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100029889
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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states he was wounded in Vietnam in late April 1968. He was never issued a Purple Heart and it is not listed on his DD Form 214. He thinks he should be awarded the Purple Heart and his DD Form 214 should be corrected to show this award.
3. The applicant provides his DD Form 214.
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's records show he was inducted into the Army of the United States on 9 August 1967 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 12 January 1968 to 8 January 1969 while assigned to 1st Battalion, 2nd Infantry, 1st Infantry Division.
3. On 6 June 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. He completed 1 year, 9 months, and 28 days of creditable active service.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Combat Infantryman Badge, Vietnam Campaign Medal, Vietnam Service Medal with two bronze service stars, Army Commendation Medal, and the Bronze Star Medal with "V" Device.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries.
6. There is no medical evidence in the available record which shows he sustained wounds as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
7. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders awarding the applicant the Purple Heart.
8. The Vietnam casualty listing, a compilation of all casualties during the Vietnam War, does not list him as a casualty.
9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.
DISCUSSION AND CONCLUSIONS:
1. The criteria for award of the Purple Heart requires a Soldier to have been wounded or injured by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.
2. The evidence of record does not show, and the applicant did not provide any evidence to show, he received a wound/injury as a result of hostile action or that he was treated by medical personnel for those wounds. In the absence of documentary evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.
3. Nevertheless, this action in no way diminishes the sacrifices made by the applicant 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 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) AR20100029889
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ABCMR Record of Proceedings (cont) AR20100029889
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