BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110018521
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 in the Republic of Vietnam (RVN) when a rock from an explosion struck his head. He received medical treatment for the injury and was offered to be awarded the Purple Heart, but he declined. He states he would now like to receive the Purple Heart so that his records reflect his injury.
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 was inducted into the Army of the United States on 8 July 1969. He completed training and he was awarded military occupational specialty (MOS) 12A (Pioneer). Upon advancement to specialist four (SP4)/E-4, he was awarded MOS 12B (Combat Engineer). The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 4 December 1969 to 5 November 1970. During this period he was assigned to Company D, 229th Engineer Battalion (Combat).
4. Item 40 (Wounds) of his DA Form 20 is blank, indicating he did not sustain any wounds during his period of service in the RVN.
5. On 29 June 1971, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. The DD Form 214 he was issued shows in:
a. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* 2 overseas service bars
b. Item 30 (Remarks) he served in the RVN from 4 December 1969 to
9 November 1970.
6. His available record does not contain orders for the Purple Heart, nor does it contain any documentation pertaining to the treatment of any wounds or injuries he sustained during his service in the RVN. His name does not appear on the Vietnam casualty listing.
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 pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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. Neither his available record nor the Vietnam casualty listing provide any evidence he was wounded during his period of service in the Republic of Vietnam. There is also no evidence he received any wounds as a result of hostile action that required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.
2. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20100015543
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ABCMR Record of Proceedings (cont) AR20110018521
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