IN THE CASE OF:
BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20110018337
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 and addition of the award to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that:
a. He believes he should have been awarded the Purple Heart for wounds that he sustained. He was advised that he would receive the Purple Heart upon discharge or that the award would follow, but it never did.
b. On or around December 1969 through January 1970, he sought treatment at the Quan Tri or Dong Ha military hospital (I Corps/DMZ (Demilitarized Zone)) He was hit while on a duster in an operation with Battery A, 1st Battalion, 44th Artillery.
c. He was hit in Vietnam and sustained shrapnel wounds to his shoulder. The foreign body is still in his left shoulder. A Purple Heart should be awarded in accordance with Army Regulation 600-8-22 (Military Awards), paragraph 2-8.
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 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's military record shows he enlisted in the Regular Army on 24 May 1968 for 2 years. He completed training and he was awarded military occupational specialty 16F (Light Air Defense Artillery Crewmember). He served in Vietnam from on or about 1 May 1969 through 7 April 1970.
3. He was honorably released from active duty on 7 April 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
4. Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Purple Heart.
5. There is no evidence in his service personnel record showing he was wounded during his period of service in Vietnam. There are no official orders in his military personnel records authorizing him award of the Purple Heart.
6. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not reflect he was wounded or injured as a result of hostile enemy action. Item 41 (Awards and Decorations) of this form does not list the Purple Heart.
7. The Vietnam casualty listing does not show the applicant's name.
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 U.S. Army Human Resources Command failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards), states the Purple Heart is awarded for an injury or wound sustained 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. The applicant's contention that he is authorized award of the Purple Heart was carefully considered. By regulation, in order to support award of the Purple Heart there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury must have been treated by medical personnel, and a record of this treatment must have been made a matter of official record.
2. He provided no evidence and there is no evidence of record that shows he was wounded or injured as a result of hostile action in Vietnam. His name does not appear on the Vietnam casualty listing.
3. Absent corroborating evidence confirming his contention, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Therefore, he is not entitled to award of the Purple Heart or addition of the award to his DD Form 214.
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) AR20110018337
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ABCMR Record of Proceedings (cont) AR20110018337
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