IN THE CASE OF:
BOARD DATE: 13 September 2011
DOCKET NUMBER: AR20110004625
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 injured in Vietnam while on an ambulance run, but refused the Purple Heart while suffering from Post Traumatic Stress Disorder (PTSD) brought on by the deaths of many friends.
b. the award was apparently deleted from his records, but someone he spoke with indicated his medical records confirmed his injury.
c. he has been on total disability since 2000.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army on 6 September 1966 for a period of 3 years. His DA Form 20 (Enlisted Qualification Record) shows he completed Basic Combat Training (BCT) at Fort Jackson, SC and Advanced Individual Training (AIT) at Fort Sam Houston, TX where he was awarded military occupational specialty 92B (Medical Laboratory Specialist). He was then transferred to Washington, DC where he was assigned to Walter Reed Army Medical Center (WRAMC) with duty at Fort Myer, VA.
3. On 5 September 1969, he was released from active duty at WRAMC and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
4. His DD Form 214 shows in:
* Item 22c (Foreign and/or Sea Service) he had no foreign service
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar
5. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) is blank.
6. There is no evidence of record which shows he served in Vietnam.
7. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 contains no entries. His name does not appear on the Vietnam casualty roster.
8. There are no orders for the Purple Heart in the available records.
9. On 2 July 1969, he underwent a separation physical examination and was found qualified for separation. This examination makes no mention of any injuries or wounds sustained as a result of hostile action.
10. 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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
11. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.
DISCUSSION AND CONCLUSIONS:
1. He contends he was injured while on an ambulance run in Vietnam. However, there is no evidence of record and he provided no evidence which shows he ever served in Vietnam.
2. There are no orders for the Purple Heart in the available records. His DA Form 20 does not show he served in Vietnam, that he was wounded due to hostile action, or award of the Purple Heart.
3. His contention that he suffers from PTSD as a result of his Vietnam War experiences is not credible according to the available evidence.
4. There is insufficient evidence in which to base award of the Purple Heart in this case.
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.
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