IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110012086
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.
2. He states he was wounded in May 1969 at Trang Bang, Vietnam, from incoming rounds and mortars, receiving shrapnel in the back. When he was wounded, there was complete confusion with people worse off than he. He was told he would be awarded a Purple Heart at a later date.
3. He provides no additional evidence.
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 7 March 1968. After completing initial entry training, he was awarded military occupational specialty 11D (Armor Reconnaissance Specialist) and assigned to duty in Vietnam.
3. On 6 March 1970, he was honorably released from active duty after completing 2 years of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to him at that time does not show the Purple Heart.
4. His record does not contain orders announcing award of the Purple Heart to him.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows no entries. Item 41 (Awards and Decorations) does not show he was authorized the Purple Heart.
6. His service medical records are not available for review.
7. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Purple Heart to him.
8. His name does not appear on the Vietnam casualty roster.
9. 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 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:
The evidence of record does not show and the applicant has not provided evidence showing he received wounds as a result of hostile action that required treatment by medical personnel. In the absence of such evidence, there is no basis for awarding him 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 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) AR20110012086
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ABCMR Record of Proceedings (cont) AR20110012086
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