IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110006774
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 that he be awarded the Purple Heart.
2. The applicant states that he was wounded by shrapnel during one of many fire fights and was not awarded the Purple Heart. He goes on to state that shrapnel cut through the muscle of his right index finger all the way to the bone and the medic stitched it up and he continued his combat duties. He also states that the Department of Veterans Affairs (VA) has awarded him disability compensation for that wound; however, he did not receive the Purple Heart.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of his VA Rating Decision, and a page from his DA Form 20 (Enlisted qualification Record) showing his record of assignments.
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 was inducted in Indianapolis, Indiana on 21 April 1966 and was transferred to Fort Riley, Kansas where he underwent his basic training and advanced individual training as an indirect fire infantryman.
3. On 13 December 1966 he was transferred to Vietnam for assignment to Company A, 4th Battalion, 29th Infantry Regiment, 9th infantry Division. On 17 April 1967 he was transferred to Company D, 87th Infantry Regiment.
4. The applicant departed Vietnam on 8 December 1967 and was transferred to Fort Benning, Georgia where he remained until he was honorably released from active duty (REFRAD) on 19 April 1968 due to the expiration of his term of service (ETS). His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, and the Combat Infantryman Badge.
5. A review of his official records fails to show any evidence to indicate that he was wounded as a result of enemy action or that treatment for any such wounds was made a matter of record. Additionally, his name is not contained on the Vietnam Casualty Listing.
6. 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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart.
7. Army Regulation 600-8-22 (Military Awards) states 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. While the sincerity of the applicants claim that he was wounded as a result of enemy action is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application that such was the case.
2. The available records failed to show any evidence that the applicant was wounded or that treatment for such wounds was made a matter of record.
3. Therefore, in the absence of such evidence there appears to be no basis to award him the Purple Heart at this 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 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.
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ABCMR Record of Proceedings (cont) AR20110006774
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