IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110014955
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 service personnel records to show award of the Purple Heart.
2. He states, in effect, that he believes his emergency medical treatment (EMT) tag that would show he was wounded in action was placed in his medical records instead of being forwarded to Headquarters. The applicant further states after he was discharged from the Army he was examined by his family physician who noted he had shrapnel wounds on his left arm.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 December 1970 and a partially-dated copy of a Medical Report, from a civilian physician in Nevada, Iowa.
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 24 February 1969. He successfully completed basic combat and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).
3. He arrived in the Republic of Vietnam (RVN) and was assigned to Headquarters and Headquarters Company, 1st Battalion, 12th Cavalry, 1st Cavalry Division (Air Mobile) on 27 July 1969.
4. On 22 July 1970, he departed the RVN. On 10 December 1970, he was honorably released from active duty.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaigns Ribbons or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.
6. There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in his service personnel records that shows he was treated for wounds as a result of hostile action in the RVN. The applicant's name is not listed on the Vietnam casualty roster.
7. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show he was wounded and item 41 (Awards and Decorations) does not show award of the Purple Heart.
8. The applicant provided a medical report from his family physician that indicates he had shrapnel wounds on his left arm.
9. The applicant's Army medical treatment records are unavailable for review.
10. During the processing of this case, a member for the Board staff reviewed 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. This review failed to reveal any orders for award of the Purple Heart on file for the applicant.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a 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, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be awarded the Purple Heart. He provided a civilian medical report, which indicates he had shrapnel wounds to his left arm. While the injuries to his arm are unfortunate, there is no evidence in the available records and he has not provided evidence that shows his injuries were the direct result of hostile action.
2. Absent corroborating evidence showing he was treated for a wound/injury that was the direct result of or caused by enemy action the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.
3. Regrettably, in view of the foregoing, there is insufficient evidence that would warrant granting his 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) AR20110014955
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110014955
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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