IN THE CASE OF:
BOARD DATE: 1 March 2012
DOCKET NUMBER: AR20110017376
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 to be awarded two Purple Hearts.
2. The applicant states he received shrapnel wounds to his face and shoulder while serving in the Republic of Vietnam in 1966 on the same date for which he was awarded the Combat Infantryman Badge. He states he turned down the awards at the time because he felt he was not seriously injured. Now he feels he deserves them.
3. The applicant provides no additional evidence.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows he enlisted in the Regular Army on 18 January 1965. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11C (Indirect Fire Infantryman). The highest rank/grade he attained while serving on active duty was specialist four/
E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 30 July 1965 through 14 October 1967. Item 40 (Wounds) of his DA Form 20 is blank. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart.
4. On 19 October 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. On 17 January 1971, he was honorably discharged from the U.S. Army Reserve Control Group (Standby).
5. The applicant's official military personnel file contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.
6. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the Purple Heart. It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for two awards of the Purple Heart was carefully considered. It was determined that there is insufficient evidence to support this request.
2. In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The wound must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.
3. The applicant's service in the Republic of Vietnam is not in question. Additionally, the applicant's sincerity is also not in question. However, his record contains no medical treatment records or other documents that confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the Republic of Vietnam. The regulatory burden of proof necessary to support award of the Purple Heart has not been met; therefore, it would not be appropriate to award the applicant 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 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) AR20110017376
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110017376
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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