IN THE CASE OF:
BOARD DATE: 2 August 2011
DOCKET NUMBER: AR20110001915
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 that he be awarded the Purple Heart.
2. The applicant states that he received shrapnel in his right arm on 15 April 1967 as a result of an enemy generated explosion while on long range patrols. He goes on to state that his wound was not life threatening and 2 days later it became infected and he was placed on sick call and sent to the 1st Medical Battalion and was treated from 17 through 28 April 1967. He continues by stating that he returned to his unit, completed his tour in Vietnam, and he was never awarded the Purple Heart.
3. The applicant provides a copy of:
* His DD Form 214 (Certificate of Release or Discharge from Active Duty)
* His DD Form 215 (Correction to DD Form 214)
* Documents from his medical records
* A photograph of three individuals of which one has a bandage on his right wrist
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 was inducted in Newark, New Jersey on 23 March 1966 and he was transferred to Fort Dix, New Jersey to undergo his basic training. He completed his basic training and he was transferred to Fort Leonard Wood, Missouri for advanced individual training (AIT) as a pioneer.
3. He successfully completed his training and he was transferred to Vietnam on 25 August 1966 for assignment to Company B, 1st Engineer Battalion, 1st Infantry Division. He was advanced to the pay grade of E-4 on 19 February 1967.
4. The medical documents submitted by the applicant with his application show that on 17 April 1967 he was treated for an injury (abscess to right arm) that was the result of enemy action. He continued to be treated for that injury through
28 April 1967. The applicants name is not listed on the Vietnam Casualty Roster and his personnel records contain no entries indicating he was wounded or injured. There is also no evidence to show he was awarded the Purple Heart.
5. He departed Vietnam on 10 August 1967 after being credited with participation in two campaigns and he was transferred to Fort Bliss, Texas, where he remained until he was honorably released from active duty (REFRAD) on 22 March 1968, due to the expiration of his term of service (ETS). He had served 2 years of total active service and his DD Form 214, as amended, reflects that he was awarded the National Defense Service Medal, Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar.
6. Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the Purple Heart for wounds received in action in Vietnam on 17 April 1967 has been noted and appears to have merit.
2. The medical treatment records the applicant provided show that his injury was the result of enemy action on 17 April 1967 and the treatment was made a matter of record.
3. Accordingly, he is entitled to be awarded the Purple Heart for wounds received in action in Vietnam on 17 April 1967 and to have this award added to his DD Form 214.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for wounds received in action in Vietnam on 17 April 1967 and adding it to his DD Form 214.
_______ _ _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) AR20110001915
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ABCMR Record of Proceedings (cont) AR20110001915
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