IN THE CASE OF:
BOARD DATE: 27 March 2012
DOCKET NUMBER: AR20110019229
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 wounded twice by shrapnel while serving in the Republic of Vietnam (RVN) and he did not receive a Purple Heart for his combat wounds.
3. The applicant provides:
* pages 3 and 4 of his DD Form 20 (Enlisted Qualification Record), last audited on 25 February 1969
* pages 3 and 4 of his DD Form 20, last audited on 7 November 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 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 enlisted in the Regular Army on 27 March 1967 for a period of
3 years. He held military occupational specialty (MOS) 11B (light weapons infantryman).
3. He served in the RVN from 2 December 1967 to 1 December 1968. He was assigned to Company C, 3rd Battalion (Airborne), 187th Infantry.
4. His record contains three DA Forms 20 authenticated by the applicant.
5. His Form 20, prepared on 30 March 1967 and last audited on 25 February 1969, shows in:
* item 40 (Wounds) no entry (blank)
* item 41 (Awards and Decorations) the:
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M14)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M16)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M60)
6. His DA Form 20, prepared and last audited on 7 November 1969, contains the annotation "Temporary Records prepared by CIF Board at Fort Lee, VA." It shows in:
* Item 40 the entries:
* shrapnel wound to right shoulder, 17 September 1968
* shrapnel wound left side, 4 July 1968
* Item 41 no entry (blank)
7. His DA Form 20, last audited on 30 January 1970, shows no entry in either item 40 or item 41.
8. On 31 October 1970, he was released from active duty at the expiration of his term on service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
9. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.
10. His medical records are not available for review with this case.
11. 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.
12. Army Regulation 600-8-22 (Military Awards) provides 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. The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify that 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. His service record contains a temporary DA Form 20 that shows he was wounded on two separate occasions while serving in the RVN. It is unclear whether the applicant was the source of this information or it was based on medical evidence. In either case, these entries do not appear on subsequent
DA Forms 20 authenticated by the applicant. His name is not shown on the Vietnam casualty listing and there are no medical records available to corroborate he sustained any combat injuries.
3. Notwithstanding his sincerity, in the absence of official documentary evidence such as operation orders, morning reports, after action reports, official orders to corroborate the events that led to his claimed injury, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is an insufficient evidentiary basis upon which to award him any Purple Hearts 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) AR20110019229
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110019229
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