IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110013880
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 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 was injured, received medical treatment in the field, and was evacuated to the rear for further treatment while serving in the Republic of Vietnam.
3. The applicant provides a statement from his former unit medic.
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. His record shows he was inducted into the Army of the United States on 17 January 1968. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). On 26 January 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training) for the remainder of his Reserve obligation.
3. Item 31 (Foreign Service) and item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) show he served in the Republic of Vietnam from 17 June 1968 through 29 June 1969. Item 40 (Wounds) is blank. Item 41 (Awards and Decorations) does not show award of the Purple Heart.
4. The applicant's official military personnel file contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.
5. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster.
6. 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.
7. The applicant provides a statement from his company medic who states the applicant sustained a severe arterial laceration on his hand while deep in the field in what he believes was 1969. He further states the applicant was evacuated to the rear medical area where his wound was further cleaned and sutured.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the Purple Heart. It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that he should be awarded the Purple Heart and his record should be corrected to show he was awarded the Purple Heart were carefully considered; however, there is insufficient evidence to support this request.
2. Notwithstanding the unit medic's statement, in order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.
3. The applicant's service in the Republic of Vietnam is not in question. Additionally, the sincerity of the applicant is also not in question. However, there is no evidence in the applicant's service personnel records that shows he was wounded or injured as a result of hostile action and/or treated for such wounds. The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant 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. The applicant and all others concerned should know this action in no way diminishes the sacrifices made by him 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) AR20110013880
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ABCMR Record of Proceedings (cont) AR20110013880
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