BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110003504
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 sustained injuries during a mortar attack in Can Tho, Vietnam on 1 June 1970. He states he was going from his living quarters to the bunker when he fell over a steel tent post.
3. The applicant provides no additional evidence in support of his application.
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. He entered a period of active duty in the Regular Army on 20 October 1969. He had previously served 1 year, 9 months, and 21 days of active service and
5 years, 1 month, and 4 days of inactive service.
3. On 31 May 1977, he was discharged. Item 19 (Indochina or Korea Service Since August 5, 1964) is checked "yes" and the dates included are 19 March 1970 to 11 March 1971.
4. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form DD Form 214 indicates he was awarded or is authorized the:
* Bronze Star Medal
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Senior Army Aviator Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with 3 bronze service stars
5. There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the Purple Heart. His service medical records are not available for review.
6. His name does not appear on the Vietnam casualty listing.
7. Army Regulation 635-5 (Separation Documents) states for Vietnam service place an x in the "yes" block and show specific dates of service in Item 19 of the
DD Form 214.
8. Army Regulation 672-5-1 (Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services, had been wounded, killed, or who died as a result of 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:
He has submitted no substantive evidence to support his contention that he received a wound as a result of hostile action. There is no evidence of record he was wounded as a result of hostile action, treated by a medical officer, or that the treatment was made a matter of official record. Therefore, there is insufficient substantive evidence in this case to award the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ __x______ ___x__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that 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.
_______ _ xx_______ ___
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) AR20110003504
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ABCMR Record of Proceedings (cont) AR20110003504
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