BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110004030
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 to be awarded the Purple Heart.
2. The applicant states he needs verification showing he received the Purple Heart at Tripler Hospital in Honolulu, Hawaii, in July 1968. He states the Purple Heart is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides:
* DD Form 214
* DA Form 2173 (Statement of Medical Examination of Duty Status)
* Letter Orders Number 04-1129248, dated 19 April 1972
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 was inducted into the Army on 4 May 1966. He completed training as a patrol storage specialist. He arrived in Vietnam on 11 April 1967 and was assigned to the 525th Quartermaster Company.
3. The applicant's DA Form 2173 shows that on 22 February 1968, the applicant was hospitalized due to grenade wounds to his left hand and abrasion to his left thigh. He was evacuated and hospitalized at the 22nd Convalescent Support Facility in Vietnam.
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows he departed Vietnam en-route to the U.S. on 6 March 1968.
5. A Report of Investigation in regards to the applicant's wounds was completed on 30 March 1968. The investigating officer determined that the applicant was in his room and he had in his possession the detonating device from a fragmentation grenade which he had found near the company perimeter. While handling the detonator, which he apparently believed was harmless; it blew up in his hand resulting in the amputation of the 3rd and 4th fingers of his left hand.
6. On 3 July 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). The DD Form 214 he received shows the following awards:
* National Defense Service Medal
* Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
7. His DD Form 214 does not show he was awarded the Purple Heart. His DA Form 20 does not show he was wounded as a result of hostile action by enemy forces and there are no orders contained in his official record awarding him the Purple Heart.
8. 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 United States Army Human Resources Command failed to reveal any orders awarding him the Purple Heart.
9. The applicant's name is not shown on the Vietnam Casualty Listing.
10. 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.
11. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated 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. His records show he was wounded while he was in Vietnam after finding a detonating device from a fragmentation grenade and that while handling the detonator it blew up in his hand. His records also show that he found the grenade near the company perimeter.
3. There is no evidence in his records showing he was wounded while in action against an enemy or as a result of hostile action as required by regulation. His records also do not support his contention that he was awarded the Purple Heart while he was hospitalized.
4. 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) AR20110004030
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