IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110017879
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 injured as a result of shrapnel from a grenade in May 1969 and he was hospitalized for a day or two.
3. The applicant provides a Department of Veterans Affairs (VA) letter, dated 24 October 1969.
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 enlisted in the Regular Army (RA) on 21 December 1965 and he held military occupational specialty 12B (Combat Engineer). He was discharged on 13 June 1966 for the purpose of immediate reenlistment.
3. He executed a reenlistment in the RA on 14 June 1966. He served in Vietnam from on or about 2 September 1968 to on or about 6 June 1969. He was assigned to Company C, 4th Engineer Battalion, 4th Infantry Division.
4. He was honorably released from active duty on 7 June 1969. His DD Form 214 does not show the Purple Heart.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury.
6. His records do not contain general orders authorizing him award of the Purple Heart and his name is not shown on the Vietnam casualty roster.
7. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.
8. His available service medical records do not show a combat injury or wound or any related record of treatment.
9. He submitted a letter, dated 24 October 1969 from the VA listing service-connected disability of a healed scar to the left chest.
10. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against and 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 criteria for the Purple Heart requires the submission of substantiating evidence to verify 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.
2. The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of combat. His DA Form 20 does not list a combat injury/wound and his name is not listed on the Vietnam casualty roster. Additionally, his available service medical records do not reflect a combat wound/injury or treatment.
3. The VA letter he provides states that he was awarded service-connected disability compensation for a scar to the left chest; however, this document does not prove he suffered a combat injury as a result of hostile action or that he required or received treatment for it.
4. Notwithstanding the applicant's contention and sincerity, in the absence of documentation that shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of 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) AR20110017879
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ABCMR Record of Proceedings (cont) AR20110017879
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