BOARD DATE: 11 August 2011
DOCKET NUMBER: AR20110002592
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 received a shell fragment wound to his left elbow resulting in a fracture and traumatic arthritis. He would like to be recognized with a Purple Heart for this injury.
3. The applicant did not provide any additional supporting documentation.
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 was inducted into the Army on 23 March 1968. He completed training and was awarded military occupational specialty (MOS) 62L (Wheeled Tractor Operator).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments):
(1) effective 14 September 1968, he was assigned to the 630th Engineer Company [Vietnam], and
(2) an undated entry shows he was a patient at the Medical Holding Detachment, McDonald Army Hospital, Fort Eustis, VA, and
(3) effective 25 September 1969, he was in a "Casual" status enroute to the 714th Transportation Battalion, Fort Eustis, VA.
b. item 40 (Wounds), contains no entry.
c. item 41 (Awards and Decorations) lists the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
4. The applicant's DD Form 214 shows he was honorably released from active duty on 4 April 1970. He completed 2 years of total active service.
5. 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, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
6. His available records include:
a. DA Form 2496 (Disposition Form), Subject: Promotion Status Information for Medical Evacuees, dated 9 June 1969. This form shows that the applicant was not recommended for promotion when he was evacuated.
b. Standard Form 88 (Report of Medical Examination) for the applicant's separation examination dated 24 February 1970. A partially unreadable comment in the "Notes" section that relates to "May 69 Hostile Fire."
7. His name does not appear on the Vietnam casualty list.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the applicant the Purple Heart.
9. 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. A wound is defined as an injury to any part of the body from an outside force or agent sustained under hostile action. A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. There are no available general orders awarding the applicant the Purple Heart. The Vietnam Casualty Roster does not contain the applicant's name.
2. The available evidence shows the applicant was medically evacuated from Vietnam. The reason for the evacuation is unclear and without official records substantiating he was wounded in action against an enemy or as a result of hostile action, that the wound required treatment by medical personnel, and records of medical treatment were made a matter of official record there is insufficient evidence to award him the Purple Heart. The partially readable entry on the separation medical examination has been noted, but by itself this does not meet the criteria for award of the Purple Heart.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100015543
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