IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110011539
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 sustained a gunshot wound to his right arm while serving in Vietnam. He was awarded a service-connected disability rating from the Department of Veterans Affairs (VA) and receives medical treatment as a result of this wound.
3. He provides a certified copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a VA Rating Decision letter, dated 25 October 2010.
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 27 January 1966. He completed training and he was awarded and served in military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows:
* he served in Vietnam from 1 December 1966 through 30 November 1967
* in Item 40 (Wounds) no entry (blank)
* in Item 41 (Awards and Decorations) no entry for the Purple Heart
4. He was honorably released from active duty on 24 November 1967 as an overseas returnee. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. 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 listing.
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. His military medical records are not available for review. However, the applicant provided a copy of a VA Decision Rating letter, dated 25 October 2010. This letter shows, in part, he received a 20 percent (%) disability rating percentage for a gunshot wound to the right forearm which occurred during the Vietnam Era. This document does not show the cause of the gunshot wound or that it was incurred as a result of hostile action.
8. 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. Although the VA awarded him a service-connected disability for the gunshot wound to his right forearm, his record contains no evidence and he has not provided sufficient evidence to show that the wound was a result of hostile action.
3. Should the applicant obtain a copy of his military medical records or other corroborating evidence 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 view of the foregoing, there is an insufficient evidentiary basis for granting 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) AR20110011539
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ABCMR Record of Proceedings (cont) AR20110011539
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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