IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20110000687
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 (PH).
2. The applicant states he was shot in the face during Vietnam. The applicant states he requested his military records in the 1970s but was told they were destroyed in a fire.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a one-page self-authored letter.
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. On 5 December 1967, the applicant was inducted in the Army. He served on active duty as an 11B (light weapons infantryman).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 8 September 1968 to 20 August 1969.
4. The applicant provided a one-page self-authored letter which essentially stated that he was wounded in action during combat; however, there is no annotation on the DA Form 20 in item 40 (wounds) that indicated the applicant was wounded by enemy action or combat-related force.
5. The applicant's official military personnel file is void of any orders for documents that indicated he was ever awarded the Purple Heart by proper authority while serving on active duty. It also contains no medical records showing he was ever wounded in action or treated for a wound received as a result of enemy action.
6. On 26 August 1969, the applicant was honorably discharged from active duty after completing 1 year, 8 months, and 22 days of active military service. The DD Form 214 he received at the time does not include the Purple Heart in the list of awards contained in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).
7. During the processing of this case, a member of the Board's staff reviewed the DA Vietnam casualty roster. The applicant's name was not included on the roster.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards 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 military 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 was carefully considered and it was determined that there is insufficient evidence 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 member must have required medical treatment by military medical personnel; and this medical treatment must have been made a matter of official record.
3. The applicant's record contains no medical treatment records or other documents that confirm he was 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 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.
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