IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110009900
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.
2. He states:
* he received the ribbon for Purple Heart prior to his departure from the Republic of Vietnam (RVN)
* he did not sign for the Purple Heart Medal set while in the RVN
3. He provides:
* DD Form 214
* a letter from his daughter
* three pages of medical records
* three pages of diary entries
* four pages of pictures
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 enlisted in the Regular Army on 15 August 1968.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service) - he served in the RVN from 9 January 1969 to 7 January 1970;
b. item 38 (Record of Assignments) - he was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 11th Armored Cavalry Regiment from 12 January to 3 February 1969;
c. item 38 - he was assigned to Howitzer Battery, 3rd Squadron, 11th Armored Cavalry Regiment from 4 February 1969 to 5 January 1970;
d. item 40 (Wounds) - contains no entry; and
e. item 41 (Awards and Decorations) - does not show award of the Purple Heart.
4. He submitted the following medical documents:
a. DA Form 2658 (Health Record - Abstract of Service), which shows the 3rd Squadron, 11th Armored Cavalry aid station assumed responsibility for his medical records on 12 January 1969; and
b. Standard Form 88 (Report of Medical Examination), dated 27 April 1970, which states that he had a small scar on his left leg, but does not indicate how he received the scar. This form also shows he had not been treated by clinics, physicians, healers, or other practitioners within the past 3 years.
5. He was honorably released from active duty on 25 May 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).
6. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders on file for the applicant awarding him the Purple Heart.
7. His name is not listed on the Vietnam casualty roster.
8. There are no medical records in his Official Military Personnel File that show he was wounded due to hostile action in Vietnam.
9. He submitted a letter, dated 22 March 2001, from his daughter requesting that he be awarded the Purple Heart based on the scar on his left leg from shrapnel.
10. He submitted three pages of annotations from his diary from 29 October to 6 December 1969 wherein he noted that his unit came under ground attack on 21 March 1969 and he took shrapnel in his chin (shin).
11. He submitted four pages of pictures of himself and military equipment.
12. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an 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 regulation governing award of Purple Heart indicates the wound for which the award is being made must have been 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 medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. Regrettably, there is no evidence in the applicant's record and he provided insufficient evidence to show he was wounded as a result of hostile action and treated for such wounds and he meets the above criteria. Therefore, there is insufficient evidence in which to base award of the Purple Heart.
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) AR20110009900
2
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1
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