IN THE CASE OF:
BOARD DATE: 1 September 2011
DOCKET NUMBER: AR20110004662
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 correction of his military records to show award of the Purple Heart for internal and external injuries received in the Republic of Vietnam (RVN).
2. The applicant states he was driving a truck loaded with grenades when a mortar blast flipped and rolled his truck. He was bleeding badly from his head injury. He walked an unknown distance until picked up by a serviceman in a jeep who took him to the hospital. He woke up in the hospital the next day. He was never interviewed about the accident. He received his orders and returned to the United States on 26 August 1969.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); Standard Form (SF) 600 (Chronological Record of Medical Care) showing treatment for his injury on
23 August 1969; and his Department of Veterans Affairs (VA) medical records.
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. On 8 March 1968, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty 64B (Heavy Vehicle Driver).
3. On 9 August 1968, the applicant departed Fort Huachuca, Arizona for duty in the RVN.
a On 16 September 1968, the applicant was assigned for duty with the 529th Transportation Company.
b. On 20 December, 1968, the applicant was assigned for duty with the 545th Transportation Company.
c. The SF 600 provided by the applicant shows that on 23 August 1969 he received medical treatment for numerous scrapes, abrasions, and pain resulting from a truck accident. The record does not indicate the circumstances surrounding this accident.
d. On 26 August 1969, the applicant departed the RVN.
4. On 6 March 1970, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4 and had completed 1 year,
11 months and 29 days of creditable active duty.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as:
* National Defense Service Medal
* RVN Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with two bronze service stars
* RVN Vietnam Campaign Medal with 1960 Device
6. The applicants name is not listed on the Vietnam Casualty Roster.
7. Item 40 (Wounds) of the applicants DA Form 20 (Record Enlisted Qualification) is blank.
8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is 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.
9. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
10. The VA medical records show he has an overall combined disability rating of 70 percent. However, there is no evidence showing that enemy action in the RVN resulted in his being wounded or injured.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart for internal and external injuries received in the RVN.
2. There are no available general orders showing the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster. Item 40 of his DA Form 20 does not show a record of any wounds received in action.
3. The medical evidence provided by the applicant shows he was injured in a vehicular accident, but does not show that the injuries were the result of enemy action.
4. In view of the above, the applicant's 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) AR20110004662
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ABCMR Record of Proceedings (cont) AR20110004662
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