IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100030265
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 he recently was awarded disability compensation by the Department of Veterans Affairs (VA).
3. The applicant provides a VA rating decision.
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's records show he was inducted into the Army of the United States on 21 April 1966 and he held military occupational specialty 36C (Wire Systems Installer). He served in Vietnam from 16 February 1967 to 8 February 1968 while assigned to the 578th Signal Company.
3. He was honorably released from active duty on 11 February 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 21 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, Vietnam Service Medal, Vietnam Campaign Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
6. There is no medical evidence in the available record that 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 any orders for the Purple Heart pertaining to him.
8. The Vietnam casualty listing, a compilation of all casualties during the Vietnam War, does not list him as a casualty.
9. The applicant provides a VA disability rating, dated 23 November 2010, wherein it shows he was granted service-connected disability of 30 percent for post-traumatic stress disorder and 20 percent for diabetes.
10. Army Regulation 600-8-22 (Military Awards) provides that 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. 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 a wound. In the absence of documentary evidence that shows he was wounded as a result of hostile action and treated for a wound, 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 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) AR20100030265
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ABCMR Record of Proceedings (cont) AR20100030265
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