IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110014307
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) add the Purple Heart.
2. The applicant states:
* he was a gunner in Vietnam in October 1969
* the unit to which he was assigned was being overrun by the North Vietnamese
* in a night defense position they were ordered to lower their tubes and fire "bee hive" to try to break the enemy assault
* they had a "cook off" and the round in the chamber did not fire
* he reached back to cock the breech block and pull out the canister with his left hand
* a new man on the crew got excited and jammed another round in and this jamming broke his hand
3. The applicant provides:
* DD Form 214, dated 5 March 1971
* Standard Forms 513 (Clinical Record Consultation Sheet)
* Standard Form 600 (Health Record Chronological Record of Medical Care)
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. He was inducted into the Army of the United States on 6 March 1969. He completed training as a field artillery basic. He arrived in Vietnam on 28 July 1969.
3. He departed Vietnam en route to the United States on 25 July 1970. He was honorably released from active duty on 5 March 1971.
4. His DD Form 214 does not show he was awarded the Purple Heart. His DA Form 20 (Enlisted Qualification Record) does not show he was wounded as a result of hostile action by enemy forces and there are no orders contained in his official record awarding him the Purple Heart.
5. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 awarding him the Purple Heart.
6. The applicant's name is not shown on the Vietnam casualty listing as a battle casualty.
7. He submits Standard Forms 513 showing he was injured on 31 October 1969 as a result of jamming the third finger of his left hand in a latch. The Standard Forms 513 and Standard Form 600 show his left wrist was re-x-rayed for an alignment check and the x-ray showed good alignment of the fragments.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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.
9. Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, in effect at the time, provided for the preparation and submission of the DA Form 20. Paragraph 9-53 stated that item 40 of the DA Form 20 shows wounds received in action and reflects a brief description of wounds or injuries received through hostile or enemy action requiring medical treatment, including those requiring hospitalization and the date wounded or injured.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. His DA Form 20 does not show he was wounded or injured as a result of hostile action by enemy forces as required by regulation and his name is not shown on the Vietnam casualty listing as a battle casualty.
3. The Standard Forms 513 and Standard Form 600 he submits show he was treated after his third finger was jammed in a latch and his injury was aligning properly. His explanation of the incident indicates the injury was accidentally incurred. The evidence he submits does not substantiate his contention that his DD Form 214 should be corrected to show he is authorized a Purple Heart.
4. In view of the foregoing, his request should be denied.
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 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) AR20110014307
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014307
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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