IN THE CASE OF:
BOARD DATE: 10 April 2012
DOCKET NUMBER: AR20110021046
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 injured his left eye in the Republic of Vietnam in 1972 when a piece of metal hit his eye during a mortar shell attack. He further states he was taken to the military hospital at Da Nang for treatment.
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 6 October 1970. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained while serving on active duty was private first class/E-3.
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 14 July 1971 to on or about 7 April 1972.
4. His record contains several Western Union telegrams sent to his parents which indicate he went to sick call on the morning of 21 February 1972. Upon examination he was diagnosed with hyphema and glaucoma of the left eye and admitted to the hospital for treatment. Subsequent telegrams state he was further diagnosed with lacerations of the left eye lid which occurred when he was struck in the eye with a can thrown by another individual. On 28 February 1972, he was returned to duty with a 30-day limited-duty physical profile.
5. On 6 November 1972, he was discharged from the Army under honorable conditions.
a. Item 18c (Total Active Service) of his DD Form 214 shows he completed 1 year and 10 months of total active service during his period of enlistment.
b. Item 18f (Foreign and/or Sea Service This Period) of his DD Form 214 shows he served 8 months and 24 days of foreign service.
c. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not indicate he was awarded the Purple Heart.
d. Item 27 (Remarks) of his DD Form 214 indicates he served in the Republic of Vietnam during the period 12 July 1971 through 7 April 1972.
6. His available record does not contain orders for the Purple Heart.
7. His name does appear on the Vietnam casualty roster; however, his wound was classified as a non-hostile injury.
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 pertaining to the applicant.
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.
DISCUSSION AND CONCLUSIONS:
The applicant contends his DD Form 214 should be corrected to add the Purple Heart. The evidence of record shows he suffered a left-eye injury during his service in the Republic of Vietnam; however, his injury was determined to be the result of non-hostile action. Army Regulations state that for award of the Purple Heart, a wound must have resulted from hostile action. Such was not the case; therefore, the applicant is not entitled to the requested relief.
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) AR20100015543
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021046
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