BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110006381
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 to be awarded the Purple Heart.
2. The applicant states he was wounded in Vietnam and never received the Purple Heart. He states the 6th Convalescent Center, Cam Ranh Bay, Vietnam, was attacked by the enemy on 11 August 1969. He was the company commander at the hospital and was wounded by shrapnel to his lower body during the attack. He forgot the name of the physician who treated him. There were approximately 13 patients killed and 50 others wounded, including patients and hospital personnel. He was diagnosed with post-traumatic stress disorder (PTSD) and was treated for PTSD from 2008 to 2010 at the Department of Veterans Affairs (VA) Hospital in West Los Angeles, CA. He also states his date of entry shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is wrong and is affecting his retirement pay. The statement of service states 2 years, 9 months, and 18 days.
3. The applicant provides his DD Form 214.
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 applicant's 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 applicant's 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 was appointed as a second lieutenant in the U.S. Army Reserve (USAR) Medical Services Corps (MSC). He entered active duty on 13 March 1967. He was promoted to the rank of captain (CPT) on 13 March 1969.
3. He served in Vietnam from 27 April 1969 to 5 March 1970 while assigned to the 6th Convalescent Center.
4. On 5 March 1970, he completed a Standard Form 89 (Report of Medical History) at Fort Lewis, WA, wherein he indicated he was in excellent health and had never had an injury or illness except for mumps and hay fever. He verified this information was correct by placing his signature in the appropriate block.
5. On 5 March 1970, he received a medical examination in conjunction with his release from active duty. A Standard Form 88 (Report of Medical Examination) shows the examining physician did not note any abnormal conditions and found the applicant was qualified for separation.
6. On 8 March 1970, he was honorably released from active duty in the rank of CPT and he was transferred to the USAR. Item 22 (Statement of Service) of his DD Form 214 shows he completed 2 years, 11 months, and 26 days of creditable active service.
7. There is no medical evidence in the applicant's available record that shows he was wounded as a result of hostile action during his active service and his records do not contain orders that show he was awarded the Purple Heart.
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. A review of the Adjutant General's Office Casualty Division's Vietnam casualty listing failed to show the applicant's name as a casualty.
10. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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 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 said wound. In the absence of documentary evidence that shows he was wounded as a result of hostile action and treated for said wound, there is insufficient evidence upon which to base award of the Purple Heart.
2. The DD Form 214 he was issued correctly shows his date of entry on active duty and his total creditable active service time.
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 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) AR20110006381
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