IN THE CASE OF:
BOARD DATE: 22 February 2012
DOCKET NUMBER: AR20110016372
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. The applicant states:
* he was wounded during a rocket attack in Chu Lai while serving as officer in charge of Crater Analysis
* at the time, he thought it was a severe cut received while he dove for cover when the rocket came in
* he quickly bandaged the cut and caught a helicopter to one of his operations
* he did not realize he had a shrapnel wound until he left active duty
* he has had a couple pieces come out and if it had not been necessary
for him to hurry to one of his operations, perhaps he would have been
awarded the Purple Heart
* he has the wound and shrapnel in his right leg
* he was unaware he could submit a request until he was advised by the Disabled American Veterans in October 2010
3. The applicant provides:
* Department of Veterans Affairs (DVA) rating decisional documents
* two Radiology Reports
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, after having served as an enlisted Soldier in the Regular Army, was commissioned a second lieutenant in the U.S. Army Reserve on 25 June 1968. He served as a field artillery unit commander, ballistic missile unit commander, and field artillery acquisition officer. He was released from active duty on 10 September 1971.
3. The applicant's DA Form 66 (Officer Qualification Record) shows the following:
a. Item 17 (Foreign Service) shows the following:
* 28 September 1968 through 10 July 1970, USAREUR (U.S. Army Europe)
* 12 September 1970 through 11 September 1971, USARPAC RVN (U.S. Army Pacific, Republic of Vietnam)
b. Item 18 (Record of Assignments) shows he was assigned to the Headquarters and Headquarters Battery, 23d Infantry Division (Americal) while in the Republic of Vietnam.
c. Item 18 does not show he was ever in a patient status.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show the Purple Heart.
5. His record does not include orders awarding him the Purple Heart.
6. His name does not appear on the Vietnam casualty roster.
7. 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.
8. 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:
1. The applicant's request for award of the Purple Heart was carefully considered.
2. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
3. Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his alleged injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the Purple Heart in this case.
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) AR20110016372
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110016372
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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