IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110014758
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.
2. He states item 39 of his separation examination (Report of Medical History, Standard Form (SF) 89), dated 13 August 1970, contains the entry, "FX (R) Foot" (fracture to right foot). The Department of Veterans Affairs found this error, that he was wounded in Vietnam, but the Purple Heart was not issued.
3. He provides no additional evidence in support of his application.
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 enlisted in the Regular Army on 21 November 1967 for a period of 3 years. He completed training and he was awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic). He served in Vietnam from
25 April 1968 through 24 April 1970.
3. He was honorably released from active duty on 20 August 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
4. Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list the Purple Heart.
5. There is no evidence in his service personnel record showing he was wounded during his period of service in Vietnam. There are no official orders in his military personnel records authorizing him award of the Purple Heart.
6. His available record does not contain a copy of his referenced SF 88.
7. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect he was wounded or injured as a result of hostile enemy action. Item 41 (Awards and Decorations) of this form does not list the Purple Heart.
8. The Vietnam casualty listing does not show the applicant's name.
9. 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 for the Purple Heart pertaining to the applicant.
10. Army Regulation 600-8-22 (Military Awards), states the Purple Heart is awarded for an injury or wound sustained 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 applicant's contention for award of the Purple Heart was carefully considered. By regulation, in order to support award of the Purple Heart there must be evidence confirming the wound/injury for which the award is being made
was received as a direct result of or was caused by enemy action, the wound/injury must have been treated by medical personnel, and a record of this treatment must have been made a matter of official record.
2. He provided no evidence and there is no evidence of record that shows he was wounded or injured as a result of hostile action during his period of service in Vietnam. His name does not appear on the Vietnam casualty listing. There is no evidence of record and he did not provide any evidence that he sustained a fracture to his right foot as a result of enemy action in Vietnam.
3. Absent corroborating evidence confirming his contention, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Therefore, he is not entitled to award of the Purple Heart or its addition to his DD Form 214.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20110014758
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ABCMR Record of Proceedings (cont) AR20110014758
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