IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110011811
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, in effect, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states he sustained shrapnel wounds in Vietnam but was never issued the Purple Heart.
3. The applicant provides:
* extracts from his medical records
* Department of Veterans Affairs (DVA) Rating decision
* VA Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative)
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 enlisted in the Regular Army on 25 July 1969 for a period of two years. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained while on active duty was staff sergeant/E-6.
3. On 25 July 1971, the applicant was honorably discharged and transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation.
4. Service records for the period 25 July1969 through 27 July 1971 are unavailable.
5. After a break in service, the applicant enlisted in the Regular Army on 2 May 1974 and served until his separation on 10 June 1988.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 27 July 1971 shows he was awarded the following:
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal
* Air Medal
* Combat Infantryman Badge
* First Class Gunner (M-60 MG)
* Expert (Rifle)
7. Item 26a (Non-Pay Periods Time Lost) of his DD Form 214 ending 27 July 1971 shows 19 April 1971 and 4 through 5 May 1971 as lost time.
8. Item 30 (Remarks) of his DD Form 214 ending 27 July 1971 shows he served in the Republic of Vietnam during the period 16 January 1970 through 6 December 1970.
9. The applicant's name does not appear on the Vietnam Casualty Roster.
10. 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.
11. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show award of the Purple Heart.
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.
13. During Vietnam, U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Purple Heart was carefully considered.
2. Although the applicant provided medical documentation showing he sustained fragment wounds, these documents do not show the wounds were incurred as a direct result of enemy action. He was treated but he was not awarded the Purple Heart.
3. The applicant has not provided sufficient evidence to support award of the Purple Heart in accordance with the applicable criteria. As a result, there is no basis for granting the applicant's requested relief.
4. The applicant and all others concerned should know that this action in no way diminishes his heroism or the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110011811
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ABCMR Record of Proceedings (cont) AR20110011811
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