IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110018121
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 that he be awarded the Purple Heart for wounds received in Vietnam on 3 November 1969.
2. The applicant states that he was wounded in Vietnam on 3 November 1969 and he was treated at the aid station. However, he had no officer in charge (OIC) at the time because his lieutenant had been killed a couple of weeks earlier and was not recommended for award of the Purple Heart. He further states that his noncommissioned officer in charge attempted to do so but it was rejected. Accordingly, he never received his Purple Heart.
3. The applicant provides:
* A two-page handwritten letter explaining his application
* Two photographs of himself with bandages on his leg and over his right eye
* A two-page handwritten letter from a former member of his unit attesting to his wounds
* A copy of his DD Form 214 (Armed Forces of the United States Report of transfer or Discharge)
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 volunteered for induction in Los Angeles, California on 25 March 1969. He completed his one-station unit training as a light weapons infantryman at Fort Ord, California and was transferred to Vietnam on 2 September 1969 for assignment to the 52d Infantry Regiment.
3. On 28 December 1969 he was honorably discharged in the rank of private first class for the purpose of immediate reenlistment. He had served 9 months and 3 days of active service.
4. On 29 December 1969 he reenlisted for a period of 3 years and on 22 February 1970 he was reassigned to the 68th Aviation Company for duty as helicopter repairman where he remained until he departed Vietnam on 1 September 1970 for assignment to Fort McArthur, California for duty as a memorial activities specialist.
5. On 3 July 1972 he was honorably released from active duty (REFRAD) and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). He had served 3 years, 3 months and 7 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Air Medal, the Combat Infantryman Badge, the Good Conduct Medal, the Vietnam Service Medal, Republic of Vietnam Campaign Medal, and his marksmanship badges.
6. The applicants medical records are not present for review by the Board. However, a review of the applicants official records failed to show any evidence to indicate that the applicant was wounded or injured. Additionally, a search of the Vietnam Casualty Listing failed to reveal that the applicant was reported as a casualty.
7. 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. While the sincerity of the applicants claim that he was wounded/injured in Vietnam is not in doubt, the evidence submitted with his application and the evidence of record fails to show treatment for his injuries was made a matter of record.
2. While the applicant has provided a third party statement in support of his request and photographs showing him with bandages, these are not sufficient to overcome the lack of any supporting evidence in the available records.
3. Therefore, absent such evidence, there appears to be no basis to award him the Purple Heart at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X __ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110018121
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110018121
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