BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110012860
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Purple Heart.
2. The applicant states he received shrapnel wounds to his head and left leg about January 1967, while he was in Vietnam and he should have received two Purple Hearts. His head wound occurred in January 1967 and he put a field dressing on the wound then went to the medical center and had it stitched up. His leg wound occurred about a month later and the medical center patched it up. He has been treated at the Department of Veterans Affairs (VA) for cataracts, retinitis pimentos, peripheral neuropathy, and vertigo; however, the VA said there was no proof in his records of what he is claiming.
3. The applicant provides his DD Form 214, drivers license, social security card, and one page of 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's records show he was inducted into the Army of the United States on 6 October 1965 and he held military occupational specialty 55B (Ammunition Storage Specialist). He served in Vietnam from 10 June 1966 to 9 July 1967 while assigned to the 46th Ordnance Detachment.
3. He was honorably released from active duty on 11 July 1967 and transferred to the U.S. Army Reserve. He completed 1 year, 9 months, and 6 days of creditable active service.
4. There are no orders in his records showing award of the Purple Heart.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart.
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries and item 41 (Awards and Decorations) does not show the Purple Heart.
7. There is no medical evidence in his available record that shows he was wounded as a result of hostile action while in an active duty status.
8. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.
9. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing failed to show his name as a casualty.
10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not show, and the applicant did not provide any evidence to show, he received a wound/injury as a result of hostile action or that he was treated by medical personnel for those wounds/injuries. In the absence of documentary evidence that shows he was injured as a result of hostile action and treated for those injuries, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.
2. The applicant and all others concerned should know that 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.
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