BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110009583
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 he believes he is entitled to award of the Purple Heart due to his 100-percent service-connected disability rating from the Department of Veterans Affairs (VA). He adds that the Board will need to obtain his military medical records from the VA in Winston-Salem, NC, to support his request.
3. He provides a certified copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 August 1969.
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. His records show he was inducted into the Army of the United States on 27 September 1966. After serving 11 months and 2 days in military occupational specialty 11B (Light Weapons Infantryman), he was honorably discharged on 28 August 1967 to accept a U.S. Army Reserve (USAR) commission as a second lieutenant with concurrent call to active duty.
3. His DA Form 66 (Officer Qualification Record) shows the following:
* item 17 (Foreign Service) he served in Vietnam from 14 September 1968 through 20 August 1969
* item 21 (Awards and Decorations) void of the Purple Heart
* item 33 (Remarks) does not indicate he was wounded
4. His DD Form 214 shows he was honorably released from active duty on 24 August 1969 and transferred to the USAR Control Group (Annual Training). Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the Purple Heart.
5. His name does not appear on the Vietnam casualty roster and his military medical records are not available for review.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 awarding him the Purple Heart.
7. 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 medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. His request for award of the Purple Heart was carefully considered; however, it is not supported by the available evidence.
2. The applicant has not provided sufficient evidence or a convincing argument to show his entitlement to award of the Purple Heart. The ABCMR is not an investigative body nor does the Board request medical records from the VA on behalf of an applicant's claim for award of the Purple Heart.
3. Should the applicant obtain a copy of his military medical records or some other form of documentation to show he was injured as a result of hostile action, he received medical treatment for his injuries, and the medical treatment was made a matter of record, he can use that documentation as new evidence to resubmit his request.
4. In the absence of such evidence, there is an insufficient basis on which to grant 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 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) AR20110009583
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ABCMR Record of Proceedings (cont) AR20110009583
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