BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110011987
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 the Purple Heart.
2. The applicant states he should have been awarded the Purple Heart because he sustained a shrapnel wound to his right hand.
3. The applicant provides a self-authored statement.
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 record shows he was inducted into the Army of the United States on 17 September 1970. He completed the training requirements and he was awarded military occupational specialty (MOS) 45B (Armament Maintenance Specialist). The highest rank/grade he attained while serving on active duty was specialist four/E-4. He was released from active duty on 15 February 1972 at the expiration of his term of service and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 4 months, and 29 days of active service during this period.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 31 March 1971 through 13 February 1972.
4. Item 38 (Record of Assignments) of the applicant's DA Form 20 does not show he was placed in a patient status at a medical treatment facility at any time during his period of service.
5. Item 40 (Wounds) of the applicant's DA Form 20 is blank.
6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart.
7. There is no evidence in the available record showing he was awarded the Purple Heart.
8. There is no evidence in the available record showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action. Additionally, his name does not appear on the Vietnam casualty roster.
9. The applicant provides a self-authored statement wherein he recounts the events that occurred during the period March 1971 through February 1972. In essence, he states he was wounded when bombs were exploding near him and heavy pieces of metal smashed the top of his right hand.
10. 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 for the Purple Heart pertaining to the applicant.
11. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 been treated by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be awarded the Purple Heart was carefully considered.
2. His name does not appear on the Vietnam casualty roster.
3. There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action. Based on the foregoing, there is insufficient evidence to award him the Purple Heart.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X_ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_________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) AR20110011987
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