IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110019939
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add award of the Purple Heart.
2. The applicant states:
* he was wounded in Vietnam in September 1967 when his foxhole was hit by a rocket-propelled grenade
* he sustained a concussion and his left eardrum was shattered
* he was treated for these wounds in Japan
* he was presented the Purple Heart when he got back to his unit
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 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 enlisted in the Regular Army on 30 June 1967 for a period of 2 years. He served as a finance clerk in Vietnam from 29 May 1968 to 17 April 1969. On 18 April 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 does not show the Purple Heart as an authorized award.
4. There are no orders for the Purple Heart in the available records.
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank. His name does not appear on the Vietnam casualty roster.
6. 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.
7. Medical records, dated 21 August 1968 and 10 September 1968, show the applicant was diagnosed with recurrent right external otitis (ear inflammation or infection) and congenital right middle-ear deformity with tempormandibular joint pain. He was admitted to the 24th Evacuation Hospital on 13 August 1968 and transferred to a hospital in Okinawa on 21 August 1968. He was issued a temporary physical profile for right external otitis on 9 September 1968. A health record, dated 10 October 1968, states "Had right ear infection. Ears normal. No profile. No treatment."
8. On 11 April 1969, he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. Items 18 (Head), 22 (Ears) and 23 (Drums) of his Standard Form 88 (Report of Medical Examination), dated 11 April 1969, shows he was rated normal.
9. Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by military personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. He contends he received the Purple Heart for a concussion and shattered left eardrum.
2. Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards. The Purple Heart requires:
* that the wound was the result of hostile action
* treatment of the wound by military medical personnel
* documentation of the wound in official records
* official orders awarding the decoration
3. There are no orders for the Purple Heart in the available records. There is no evidence of record and he provided no evidence that shows he was wounded or injured as a result of hostile action in Vietnam. Therefore, there is insufficient evidence to support adding the Purple Heart 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 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) AR20110019939
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ABCMR Record of Proceedings (cont) AR20110019939
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