IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110022447
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.
2. The applicant states he did not receive a Purple Heart after being wounded by enemy forces in Vietnam in December 1969. He received shrapnel wounds to the left forehead when the enemy struck his home base with mortars. He was told he would get a Purple Heart but his unit commander later told him not to claim his injury or he would spend the rest of his tour in the bush. He deserves the Purple Heart for being wounded by enemy fire in a combat zone.
3. The applicant provides his DD Form 214 and an email.
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. The applicant's records show he enlisted in the Regular Army on 30 January 1969 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 23 June 1969 to 22 June 1970 while assigned to the 1st Battalion, 501st Infantry Regiment, 101st Airborne Division.
3. He was honorably released from active duty on 23 December 1970 and transferred to the U.S. Army Reserve. He completed 1 year, 10 months, and 24 days of creditable active service.
4. Neither his DD Form 214 nor his DD Form 215 (Correction to DD Form 214) shows award of the Purple Heart.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains no entries and item 41 (Awards and Decorations) does not show the Purple Heart.
6. There are no orders in his records showing award of the Purple Heart.
7. There is no medical evidence in his available record that shows he was wounded as a result of hostile action while in an active duty status.
8. A review of The Adjutant General's Casualty Division's Vietnam casualty listing failed to show his name as a casualty.
9. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant.
10. The applicant provides an email, dated 3 October 2011, wherein a former fellow unit member acknowledged that he remembered the applicant from serving together in Vietnam.
11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 criteria for the Purple Heart requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as the result of hostile action, the wound/injury must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. There is no evidence in the applicants records and he has not provided any evidence that shows he was wounded or injured as a result of hostile action, that he was treated for such wounds by medical personnel, and that his treatment was made a matter of official record.
3. Notwithstanding the applicant's sincerity, in the absence of official orders or other documentary evidence such as operation reports or witness statements that show he was wounded as a result of hostile action and treated for those wounds; regrettably, there is insufficient evidence upon which to base award of the Purple Heart in this case.
4. Nevertheless, 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) AR20110022447
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ABCMR Record of Proceedings (cont) AR20110022447
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