IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110004772
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, in effect, award of the Purple Heart.
2. The applicant states, in effect, he was wounded in the upper left thigh by a bamboo stick during a firefight.
3. The applicant does not provide any evidence in support of his request.
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. Records show the applicant enlisted in the Regular Army on 19 December 1969. He completed training and was awarded military occupational specialty 12B (Combat Engineer). The highest rank/grade he attained while serving on active duty was sergeant/E-5.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) and item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show he served in the Republic of Vietnam during the period 4 December 1970 to 22 October 1971.
4. Additionally, the applicant's DA Form 20:
a. Item 38 (Record of Assignments) shows he was assigned to Company A, 299th Engineer Combat Battalion while serving in the Republic of Vietnam.
b. Item 38 does not show he was assigned in a patient status at a medical treatment facility at any time during his period of service.
c. Item 40 (Wounds) contains no entries.
d. Item 41 (Awards and Decorations) does not show award of the Purple Heart.
5. There is no evidence in the available record showing he was awarded the Purple Heart and his name does not appear on the Vietnam Casualty Roster.
6. The applicant does not provide any evidence showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
7. 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 U.S. Army Human Resource Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a direct 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 military personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Purple Heart was carefully considered.
2. His name does not appear on the Vietnam Casualty Roster.
3. There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.
4. Based on the foregoing, there is insufficient evidence to award him the Purple Heart.
5. 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.
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) AR20110004772
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ABCMR Record of Proceedings (cont) AR20110004772
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