BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110015555
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, in effect, award of the Purple Heart.
2. He states he was shot in the left foot during his service in Vietnam, but was not given the Purple Heart. He states he "was on 10 [percent] disability for that reason" and the "[Veterans Administration] was to adjust error in [1968]."
3. He provides no documentary evidence in support of his request.
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 was inducted into the Army of the United States on 27 December 1965. After completing initial entry training, he was awarded military occupational specialty 67N (UH-1 Helicopter Repairer) and assigned to duty in Vietnam.
3. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned for duty in Vietnam from 6 July 1966 to 25 June 1967 with Troop B, 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile).
4. Item 40 (Wounds) of his DA Form 20 shows no entries. Item 41 (Awards and Decorations) does not show he was awarded the Purple Heart.
5. His record includes a Standard Form 88 (Report of Medical Examination) and a Standard Form 89 (Report of Medical History) showing he underwent a separation medical examination on 10 October 1967. The examining physician did not note evidence of any injuries received during his service, and the applicant did not report incurring or having been treated for any such injuries.
6. His complete service medical records are not available for review.
7. He was honorably released from active duty on 12 December 1967. Item 24 (Decorations, Medals, 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 show he was awarded the Purple Heart.
8. His record does not include orders awarding him the Purple Heart.
9. His name does not appear on the Vietnam casualty roster.
10. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Purple Heart to him.
11. Army Regulation 600-8-22 (Military Awards) states 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 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:
The evidence of record does not show and the applicant has not provided evidence showing he received wounds as a result of hostile action that required treatment by medical personnel. In the absence of such evidence, there is no basis for awarding him the Purple Heart.
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) AR20110015555
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ABCMR Record of Proceedings (cont) AR20110015555
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