IN THE CASE OF:
BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110005255
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 while in Vietnam he was in a guard tower that collapsed. The other Soldier with him was killed and he was badly injured. They were buried for three days before help came; he believes he deserves a Purple Heart.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and two Standard Forms 513 (Consultation Sheet).
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's records show he enlisted in the Regular Army (RA) on 21 April 1969 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman) and MOS 63B (Wheeled Vehicle Mechanic). He served in Vietnam from on or about 20 July 1970 to 19 July 1971 while assigned to Company A, 20th Engineer Battalion.
3. On 21 April 1970, he was discharged for the purpose of immediate reenlistment. On 22 April 1970, he reenlisted in the RA. He was honorably released from active duty and transferred to the U.S. Army Reserve on 12 January 1972. He completed a total of 2 years, 8 months, and 22 days of creditable active service.
4. There are no orders in his records showing award of the Purple Heart.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart.
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries and item 41 (Awards and Decorations) does not show the Purple Heart.
7. There is no medical evidence in the applicant's available record that shows he was wounded as a result of hostile action while in an active duty status.
8. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.
9. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing failed to show the applicant's name as a casualty.
10. The applicant provides a Standard Form 513, dated 16 September 1970, wherein it shows a Soldier was treated at the Camp Wilson Dispensary, Vietnam, for severe headaches as a result of a guard tower collapsing on him in early August 1970. This form does not list the Soldier's name.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should receive a Purple Heart because he was injured when a guard tower fell on him while in Vietnam. He provides a consultation sheet that stated a Soldier was treated for headaches as a result of a guard tower collapsing on him; however, it does not show the name of the Soldier receiving the treatment and does not show that the collapse of the tower was the result of hostile action.
2. The evidence of record does not show and the applicant did not provide any evidence to show he received a wound/injury as a result of hostile action or that he was treated by medical personnel for those wounds. In the absence of documentary evidence that shows he was wounded as a result of hostile action and treated for those wounds, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.
3. The applicant and all others concerned should know that 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) AR20110005255
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ABCMR Record of Proceedings (cont) AR20110005255
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