IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110006240
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, in effect, he sustained an injury to his ankle during combat in the Republic of Vietnam (RVN) and a medic bandaged his ankle and told him no blood no Purple Heart. He contends he found some blood later and did not realize this injury would come back to haunt him. He attests he currently has problems with his foot, leg, ankle, knee, and back.
3. The applicant provides no additional evidence.
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 record shows he enlisted in the Regular Army on 23 July 1970. The applicant completed the training requirements and he was awarded military occupational specialty 76V (Equipment Storage Specialist). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 4 August 1971 through 15 April 1972.
4. On 20 July 1973, he was honorably released and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. On 22 July 1976, he was honorably discharged from the U.S. Army Reserve Control Group (Standby).
5. The applicant's official military personnel file contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.
6. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster.
7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the Purple Heart. It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Purple Heart was carefully considered and it was determined there is insufficient evidence to support this request.
2. In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.
3. The applicant's record contains no medical treatment records or other documents that confirm the applicant was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam. The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant the Purple Heart.
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) AR20110006240
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ABCMR Record of Proceedings (cont) AR20110006240
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