BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110011255
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. The applicant states his suffered facial lacerations and broken teeth as the result of being struck by shrapnel during a mortar attack.
3. The applicant provides an undated, personal statement of the incident.
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 (AUS) on 2 September 1969. He served in Vietnam with Company C, 1st Battalion, 501st Infantry as a light weapons infantryman in Vietnam from 25 November 1970 to 24 August 1971. He was awarded the Combat Infantryman Badge (CIB). On 25 August 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
3. On 30 November 1973, he joined the Army National Guard (ARNG) and served through 2 February 1976. On 3 February 1976, he enlisted in the Regular Army (RA) and served until he was honorably discharged on 14 February 1986.
4. The applicant's DA Form 201 (Military Personnel Records Jacket (MPRJ)) does not contain paper copies of documents pertaining to his AUS service, nor does it contain any medical records from his AUS or RA service. His MPRJ does contain a microfiche copy of records dating to his AUS service. The microfiche was searched for evidence of a combat wound without success.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 25 August 1971 does not show the Purple Heart as an authorized award.
6. There are no orders for the Purple Heart in the available records.
7. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) for his AUS service does not show the Purple Heart as an authorized award and item 40 (Wounds) of this document is blank.
8. The applicant's name does not appear on the Vietnam casualty roster.
9. A 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) provides, in pertinent part, that the Purple Heart is awarded for a 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 military personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests award of the Purple Heart.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* a wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
* official orders awarding the decoration
3. The record shows the applicant clearly served in Vietnam and was a combat infantryman. While we do not question the sincerity of the applicants statements that he suffered a wound, there simply is insufficient evidence to support the award.
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) AR20110011255
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