IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110008602
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. He states that he would like to be awarded the Purple Heart for a battlefield concussion. He was blind for 3 days. He has previewed the Armys policies on the Purple Heart and General PXXXX CXXXXXXXXs accounting of the investigation.
3. He provides a copy of an article titled, Army Clarifies Purple Heart Rules For Soldiers.
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 applicants military records show he was inducted into the Army of the United States on 7 July 1966. He completed training and he was awarded military occupational specialty 13B (Field Artillery Crewman). He served in Vietnam from 9 December 1966 through 8 December 1967.
3. He was honorably released from active duty on 5 July 1968 and he was transferred to the U.S. Army Reserve Control Group (Annual Training). He was credited with completion of 1 year, 11 months, and 29 days of net active service
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart.
5. There is no evidence in his service personnel record showing he was wounded during his period of service in Vietnam. There are no official orders in his military personnel records authorizing him award of the Purple Heart.
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect he was wounded or injured as a result of hostile enemy action and Item 41 (Awards and Decorations) of this form does not list the Purple Heart.
7. He submitted a copy of an article titled, Army Clarifies Purple Heart Rules For Soldiers. The article pertains to a review of the Armys policies on the Purple Heart and called for new guidelines for denial of the Purple Heart to some Soldiers who sustained concussions.
8. The Vietnam casualty listing does not show the applicant's name.
9. 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
10. Army Regulation 600-8-22 (Military Awards), states the Purple Heart is awarded for an injury or wound sustained 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's contention for award of the Purple Heart was carefully considered. By regulation, in order to support award of the Purple Heart there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury must have been treated by medical personnel, and a record of this treatment must have been made a matter of official record.
2. He provided no evidence and there is no evidence of record that shows he was wounded or injured as a result of hostile action during his period of service in Vietnam and he was awarded the Purple Heart. There are also no orders in ADCARS confirming he was awarded the Purple Heart and his name does not appear on the Vietnam casualty listing.
3. Absent corroborating evidence confirming his contention, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Therefore, he is not entitled to award of the Purple Heart and its addition to his DD Form 214.
4. In view of the foregoing, there is no basis for granting him the requested relief.
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) AR20110008602
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