IN THE CASE OF:
BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110015670
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 the award of the Purple Heart (First Oak Leaf Cluster).
2. The applicant states he was wounded twice in Vietnam and never received a Purple Heart. He states he was wounded the first time around 13 November 1968 and the second time around 11 May 1969.
3. The applicant provides:
* National Personnel Record Center letter, dated 18 June 2009
* Four letters from individuals who contend he was wounded while he was in Vietnam
* Two pages of a Department of Veterans Affairs (VA) Decisional Document
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 on 11 July 1967. He completed training as a cook. He arrived in Vietnam on 6 June 1968.
3. He departed Vietnam en-route to the U.S. on 5 June 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the following awards:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Marksman Marksmanship Qualification Badge (Rifle M-14)
* Army Commendation Medal
* two Overseas Service Bars
4. A review of the available records does not show the applicant was wounded as a result of hostile action by enemy forces.
5. The applicant's name is not shown on the Vietnam Casualty Listing.
6. On 8 September 1994, the U.S. Army Reserve Personnel Center notified the applicants Representative in Congress that he was also authorized the Army Good Conduct Medal (First Award).
7. The applicant submits four letters from individuals who contend they served in Vietnam along with the applicant. Two individuals contend he was wounded on at least one occasion while he was in Vietnam. The other two state that he was wounded on at least two occasions.
8. He submits two pages of his VA Decisional Document showing he was awarded service connection for scar, left wrist has been established as directly related to military service. It also shows he was awarded service connection for scar right knee which was established as directly related to military service.
9. 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 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 applicants contentions have been noted. His supporting evidence has been considered.
2. Although the applicant submits four letters from individuals contending that he sustained wounds while in action against an enemy, there is no evidence in his official record showing that he was wounded in action and received medical treatment by medical personnel.
3. His name is not shown on the Vietnam Casualty Listing.
4. In accordance with the applicable regulation, 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 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.
5. Based on the available evidence, he has failed to meet the criteria contained in the applicable regulation for award of the Purple Heart. 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 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) AR20110015670
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110015670
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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