BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110007849
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 two awards of the Purple Heart.
2. The applicant states during operations based in Chu Chi/Tay Ninh, Vietnam, he was part of the combat incursion into Cambodia. He qualified for the two awards of the Purple Heart after being wounded twice. Both injuries were serious and required medical attention. He was ordered to remain the field; however, a medical evacuation or return to the firebase was not required. No record of either injury was reported because of the distance from headquarters and the nature of the combat conditions in Cambodia, which did not allow timely and accurate reporting of the injury or the operations. His record is not complete without the entry of these two injuries. He qualified for and should be awarded the Purple Heart.
3. The applicant did not provide any 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 was inducted into the Army of the United States on 20 May 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 19 May 1970 to 15 March 1971. He was assigned to Company C, 4th Battalion, 9th Infantry, 25th Infantry Division.
3. He was honorably released from active duty on 16 March 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury.
6. His name is not shown on the Vietnam casualty roster.
7. His medical records are not available for review with this case.
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 any orders for the Purple Heart pertaining to him.
9. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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 criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The applicant's service record is void of any evidence that shows he was wounded or injured as a result of combat. His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound. Additionally, his medical records are not available for review.
3. Notwithstanding the applicant's contention and sincerity, in the absence of additional documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds there is insufficient evidence upon which to base award of the Purple Heart in this case.
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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