IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20110020198
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 show award of the Purple Heart.
2. The applicant states his wound was so small and the Medical Evacuation Company was so busy that they failed to properly record the fact that his wound was the result of a gunshot. He was always told he would receive the Purple Heart when he got back from the Republic of Vietnam (RVN). Further, his injury was later determined to be a service connected injury and rated at zero percent by the Department of Veterans Affairs (VA).
3. The applicant provides a Standard Form 600 (Chronological Record of Medical Care), his DD Form 214, and a Rating Decision from the VA, dated
28 September 2011.
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. He enlisted in the Regular Army on 4 August 1969 and held military occupational specialty 62F (Crane Operator).
3. The applicant's DA Form 20 (Enlisted Qualification Record):
* item 40 (Wounds) does not show a combat wound
* item 41 (Awards and Decorations) does not show award of the Purple Heart
4. He was honorably released from active duty on 11 February 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training). His
DD Form 214 shows he:
* served in the Republic of Vietnam from 10 January to 3 December 1970
* completed 2 years, 6 months, and 3 days of total active service and he
had 5 days of lost time from 5-11 August 1971
5. His name is not shown on the Vietnam casualty roster.
6. His complete medical records were not available for review. A chronological record of medical care in the applicant's record shows he was treated for a laceration of the right bicep on 22 March 1970.
7. The applicant provides a rating decision from the VA, dated 28 September 2011, which shows the evaluation of a scar located on the inner aspect of his right arm would remain rated at zero percent disabling.
8. 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 for him.
9. 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 applicant requests award of the Purple Heart.
2. The criteria for an 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.
3. The applicant contends the injury he sustained to his right bicep was the result of a gunshot and his medical records confirm he was treated for a laceration of the right bicep on 22 March 1970. However, the source of the injury is not specified. Therefore, this medical entry is insufficient evidence to confirm he was injured as a result of enemy action. Additionally, his name is not shown on the Vietnam casualty roster nor does his DA Form 20 show any combat wounds.
4. In the absence of official documentary evidence to corroborate the events that led to his 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 insufficient evidence upon which to award him the Purple Heart 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) AR20110020198
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ABCMR Record of Proceedings (cont) AR20110020198
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