IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20110021417
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, in effect, correction of his records to show award of the Purple Heart.
2. He states he was denied the Purple Heart for injuries received between 1964 and 1965 in Vietnam. He was also denied medicinal marijuana in 2011 by the Department of Veterans Affairs (VA).
3. He adds his unit was ambushed in Pleiko, Vietnam by combat enemy forces. He sustained an injury to his left knee, which was left untreated for the 15 days they remained in the field. His knee became an issue of life or death, as it had become infected. He now receives a service-connected disability rating of 70 percent from the VA as a result of his injuries.
4. The applicant provides:
* A copy of his Bronze Star Medal documentation
* His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* A document from the Battle Creek VA Medical Center (VAMC)
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 was inducted into the Army on 5 September 1963. After completion of training, he served in military occupational specialty 051.10 (Radio Operator).
3. The applicant's DA Form 24 (Service Record) shows the following information:
* Section 5 (Service Outside Continental United States) he arrived in Vietnam on 25 June 1964 and departed on 10 June 1965
* Section 8 (Wounds Received Through Enemy Action) no recorded wounds
* Section 9 (Medals, Decorations, and Citations) the Purple Heart is not listed
4. On 11 June 1965, he was honorably released from active duty after completing 1 year, 9 months, and 7 days of total active service. Item 27 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 contains the entry "None."
5. The applicant's name does not appear on the Vietnam casualty roster nor does his military personnel record contain any documentation to show he was injured in combat, as a result of hostile action.
6. His military medical record is not available for review.
7. 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 awarding him the Purple Heart.
8. He provided medical documents from the VAMC in Battle Creek, MI. These documents show he receives compensation as a result of a service-connected disability, rated at 70 percent. It is also indicated he is not eligible for combat veteran status.
9. Army Regulation 600-8-22 (Military Awards) states 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 medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. His request for correction of his records to show award of the Purple Heart was carefully considered; however, it is not supported by the available evidence of record.
2. His record contains no evidence and he has not provided evidence to show he was injured as a result of hostile action, he received medical treatment for his injuries, and the medical treatment was made a matter of record.
3. In the absence of such evidence, there is an insufficient basis on which to grant 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) AR20110021417
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ABCMR Record of Proceedings (cont) AR20110021417
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