IN THE CASE OF:
BOARD DATE: 13 March 2012
DOCKET NUMBER: AR20110017672
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. He states he received a blast injury from enemy explosives while serving in Vietnam. He believed he had been awarded the Purple Heart, but after reviewing his records, he realized he had not.
3. He provides:
* A personal witness statement
* An extract of his military medical record
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. He enlisted in the Regular Army on 16 August 1968. Upon completion of training, he served in military occupational specialty 44C (Welder).
3. His DA Form 20 (Enlisted Qualification Record) shows:
* Item 31 (Foreign Service) he served in Vietnam from August 1969 to August 1970
* Item 40 (Wounds) is blank
* Item 41 (Awards and Decorations) is void of the Purple Heart
4. A Standard Form 513 (Clinical Record Consultation Sheet) shows that on
6 May 1970, he received a blast injury which perforated both of his eardrums. He was also hospitalized for fragment wounds. Neither the cause of blast nor the source for the fragment wounds was noted.
5. He provided other medical documents which show he was issued a physical profile restricting him to work in quiet areas due to his eardrum injuries. Another document shows he continued to receive medical treatment through 13 June 1970.
6. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 13 August 1971. Item 24 does not show he was awarded the Purple Heart.
7. The applicants name does not appear on the Vietnam casualty roster.
8. 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 United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.
9. He provided a personal witness statement from Mr. EN, the Army medic who treated the applicant for his wounds in Vietnam. Mr. EN states he assisted the applicant after he received injuries while assigned with the 26th Engineer Battalion in Vietnam. The applicant was attending an outdoor movie on base. The enemy had planted several explosive devices under the benches of the theater area, which all exploded. The first device exploded a row behind the applicant and propelled him through a bench in front of him.
10. Mr. EN adds that the applicant was evacuated to the 91st Evacuation Hospital after a blast injury perforated both ear drums. The applicant also sustained shrapnel wounds to his head, buttocks, and back. He was eventually transported to the main hospital in Chu Lai and remained hospitalized for more than 10 days. He was required to use noise reduction headphones and was also restricted to duty in quiet areas.
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 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. His request for award of the Purple Heart was carefully considered; however, it is not supported by the available evidence.
2. The veracity of the applicants claim that his injuries were sustained as a result of an explosion is not in question. Although he provided medical documents to show he received medical treatment for these injuries, none of the documents list his injuries occurring as a result of hostile action.
3. While the attending medic provided a statement which shows the blast was a result of explosive devices planted by the enemy, his statement alone does not provide the conclusive evidence necessary to support award of the Purple Heart.
4. In the absence of such evidence, there is an insufficient basis on which to grant the requested relief.
5. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20110017672
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ABCMR Record of Proceedings (cont) AR20110017672
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