IN THE CASE OF:	  

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110018623 


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.

2.  The applicant states that he was injured in Vietnam while serving as a medical corpsman in combat and desires to be awarded the Purple Heart based on General Orders Number 2958.

3.  The applicant provides a copy of General Orders Number 2958 issued by Headquarters, 1st Infantry Division on 11 November 1966 and a copy of his Personnel Qualification Record – Part II (DA Form 2-1).

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 was inducted on 13 May 1963.  He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a medical corpsman at Fort Sam Houston, Texas before being transferred to Fort Hood, Texas.  He was promoted to the pay grade of E-5 on 17 April 1965.

3.  On 13 May 1965 he reenlisted for a period of 6 years and assignment to an artillery unit in Lockport, New York.  He was transferred to Lockport on 26 May 1965.

4.  He was transferred to Vietnam on 13 August 1966 and on 22 September 1966 he was wounded (fragment wound of right arm, chest, both legs and hemothorax of right lung)  when at 1430 hours an explosion in the minefield adjacent to the perimeter injured three members of the base camp who had been laying concertina wire.  The applicant and several other corpsman from the aid station rushed to the scene of the explosion to aid the injured persons and the applicant with complete disregard for his own safety, dauntlessly entered the mine area and began administering first aid.  A second explosion occurred injuring the applicant and killing or wounding some of the others accompanying him and although suffering from multiple injuries, he dressed his wounds and then treated many of the other casualties until he collapsed from loss of blood and completed exhaustion.  He was medically evacuated to the 93d Evacuation Hospital and then to the 249th General Hospital in Japan on 2 October 1966.  He was awarded the Soldier’s Medal for that action on 11 November 1966.

5.  He returned to Vietnam on 26 January 1967 and served in Vietnam until 4 September 1967 when he was transferred to Fort Carson, Colorado.

6.  He remained on active duty through a series of continuous reenlistments until he was honorably released from active duty (REFRAD) at Fort Hood on 31 December 1985 in the pay grade of E-7 and was placed on the Retired List effective 1 January 1986.  He had served 22 years, 7 months and 18 days of active service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at the time of his REFRAD shows that he was awarded the Soldier’s Medal, Meritorious Service Medal, Army Commendation Medal with one oak leaf cluster, Army Good Conduct Medal (6th award), National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Army Service Ribbon, Overseas Service ribbon with numeral “2”, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal, and the Combat Medical Badge.

7.  A review of the applicant’s official records and a search of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders awarding the applicant the Purple Heart pertaining to the applicant.

8.  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 there is no doubt that the applicant was wounded/injured in Vietnam, there is no evidence in the available records to show that the unfortunate incident was the result of enemy action.

2.  Therefore, absent evidence to show otherwise, it appears that he is not authorized the award of the Purple Heart and there is no basis to award it at this time. 

3.  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.

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)                                         AR20110018623





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ABCMR Record of Proceedings (cont)                                         AR20110018623



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