IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110012152
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 (PH).
2. The applicant states he was operating a bulldozer in Vietnam and he hit a land mine and bruised his ear drum.
3. The applicant provided copies of two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), and a medical record.
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 served in the Regular Army (RA) from 20 December 1968 to 22 July 1971. He served in military occupational specialty (MOS) 12A (Pioneer). He served in Vietnam from 30 June 1970 to 21 July 1971.
3. On 13 December 1974, he again enlisted in the RA and served until
12 December 1978. He served in MOS 12B (Combat Engineer) and he served in Germany from 25 February to 19 August 1976.
4. The applicant's DA Form 20 (Enlisted Qualification Record):
a. Item 38 (Record of Assignments) does not show he was placed in a "Patient" status at a medical treatment facility at any time during his period of service in Vietnam.
b. Item 40 (Wounds) contains no entries.
c. Item 41 (Awards and Decorations) does not show award of the Purple Heart.
5. There is no evidence in the available record showing he was awarded the Purple Heart.
6. There is also 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. His name does not appear on the Republic of Vietnam Casualty Roster.
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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. The applicant provides a copy of a medical record that is void of the applicant's name and social security number that shows an individual on a bulldozer struck a mine and complained of pain in the left ear. The individual was prescribed Darvon for pain.
9. Army Regulation 600-8-22 (Military Awards) states 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 records.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence in the available record that the applicant sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.
2. The applicant provided a copy of a medical record which indicates an unknown person was prescribed Darvon for pain in the left ear after a bulldozer that person was operating hit a mine. However, that document does identify the person who was treated. In addition, it does not show the injury was sustained as a result of hostile action. Therefore, the evidence is insufficient to support his request for award of the Purple Heart.
3. 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.
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) AR20110012152
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ABCMR Record of Proceedings (cont) AR20110012152
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