IN THE CASE OF:
BOARD DATE: 23 February 2012
DOCKET NUMBER: AR20110020022
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 (PH).
2. The applicant states as a result of his amputated right finger he was offered the PH but refused it because of his youth.
3. The applicant provides:
* self-authored statement
* twelve pages of his medical records
* VA Form 21-8741-1 (Department of Veterans Affairs Benefits Increased)
* orders awarding the Combat Infantryman Badge
* orders awarding the Air Medal
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. His record shows he enlisted in the Regular Army of the United States on
14 May 1968. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). On 13 May 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) for the remainder of his Reserve obligation. The highest rank/grade he attained was specialist four/E-4.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows the following:
* National Defense Service Medal
* Combat Infantryman Badge
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with two bronze service star
* Republic of Vietnam Cross of Gallantry with Palm Unit Citation
4. Item 30 (Remarks) of his DD Form 214 shows he served in the Republic of Vietnam from 7 October 1968 through 6 October 1969. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and the Purple Heart is not included in the list of awards in item 41 (Awards and Decorations).
5. He provides twelve pages of medical documentation which show he cut the right fifth digit finger. The cut was sutured but became infected and later developed gangrene. Later his finger was amputated.
6. The applicant's name does not appear on the Vietnam casualty roster.
7. A review 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 any orders for the Purple Heart.
8. The applicant provides a self-authored statement which describes the injury to his right digit finger. He states gangrene set in and his finger had to be amputated. He further states on several occasions he was offered the PH, but due to his youth he refused the award. He also provides a VA Form 21-8741-1 which shows he received a service-connected disability award increase.
9. 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 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. This regulation also provides for award of the Purple Heart to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment. It further provides examples of injuries or wounds which clearly do not justify award of the Purple Heart. This includes accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Purple Heart was carefully considered and it was determined there is insufficient evidence to support this request.
2. The medical evidence provided by the applicant indicates he cut his right fifth digit finger. Available evidence does not indicate his cut was as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action. Accordingly, based on the foregoing there is insufficient evidence to award him the Purple Heart.
3. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. 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:
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) AR20110020022
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ABCMR Record of Proceedings (cont) AR20110020022
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