IN THE CASE OF:
BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110003521
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:
a. he was denied the Purple Heart because the medics at the first aid station did not record his injuries in his personnel records.
b. on 30 March 1967, his platoon was doing mine sweeps in Vietnam when they finished a section of the road, the armored personnel carrier he was riding in made a U-turn, went off the road, and hit a mine. The mine exploded and as a result he sustained a traumatic head injury and severe lacerations.
3. The applicant provides a self-authored envelope addressed to "Lever Bros, C/O Lenette Puccio," postmarked May 1967. He also provides a letter, dated
27 April 1967 with the greeting "Hi Sisters."
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 into the Army on 2 November 1965. He completed training as a light weapons infantryman.
3. He arrived in Vietnam on 23 August 1966. On 28 September 1966, he submitted a Notification of Next of Kin electing that his next of kin be notified in the event he was slightly wounded in action. He acknowledged he understood that the Department of the Army would not notify his next of kin if he became a non-battle casualty unless he was seriously injured or ill.
4. The applicant departed Vietnam en-route to the United States on 20 August 1967. He was released from active duty on 21 August 1967. His DD Form 214 shows the following awards:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge (Rifle M-16)
5. The applicant's record does not contain a notification to his next of kin indicating that he had been wounded in action while he was in the Army.
6. His DA Form 20 (Enlisted Qualification Record) does not show he was wounded as a result of hostile action by enemy forces.
7. The applicant's name is not shown on the Vietnam Casualty Listing.
8. He submits a self-authored letter postmarked May 1967 and a letter dated 27 April 1967. In the letter he states the vehicle he was riding in hit a mine and everyone was thrown from the vehicle. He states they were a little "cut" and "shaken-up" and he went to the hospital for a checkup.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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.
10. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) states the authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. There is no evidence contained in his official record showing he was wounded while in action against an enemy or as a result of hostile action as required by the regulation. The letter he submits is not sufficiently corroborating to warrant the requested relief.
3. In view of the foregoing, his request should be denied.
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) AR20110003521
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ABCMR Record of Proceedings (cont) AR20110003521
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