BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110022548
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 that he be awarded the Purple Heart for wounds received in Vietnam.
2. The applicant states that on or about 25 June 1967, while in Vietnam, he was hit above the right eye by shrapnel from incoming mortar rounds. He goes on to state that he lost consciousness for about 10 minutes and woke up in the Cu Chi Camp Hospital. He was transferred to Pleiku where he was stitched up and sent back to the United States because his father died the same day. He continues by stating that he never received the Purple Heart because he never returned to Vietnam. He further states that he went to Homestead Air Force Base, Florida to have the stitches removed, then he went to Fort Dix, New Jersey, and to Fort Meade, Maryland where he received treatment for headaches related to his injury.
3. The applicant provides three pages from his medical records showing that he was treated for headaches at Fort Meade and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 enlisted in the Regular Army on 30 August 1965 for a period of 3 years and training as a field radio mechanic. He completed basic training at Fort Gordon, Georgia and advanced individual training at Fort Sill, Oklahoma before being transferred to Fort Lewis, Washington for his first duty assignment.
3. On 22 September 1966, he was transferred to Vietnam with his unit and he was promoted to the pay grade of E-5 on 19 December 1966.
4. On 2 July 1967, he departed Vietnam on 30 days of emergency leave with orders directing that he receive a follow-on assignment as determined by Headquarters, Department of the Army.
5. On 7 August 1967, he reported to Fort Dix, New Jersey and on 11 October 1967 he was transferred to Fort Meade, Maryland.
6. On 29 August 1968, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 3 years of total active service and the DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Good Conduct Medal.
7. A review of the applicants official military personnel file and the available medical records failed to show any evidence indicating the applicant was wounded or injured as a result of enemy action or that he received treatment for such wounds or injuries. Additionally, the applicants name is not contained on the Vietnam Casualty Listing.
8. The medical records provided by the applicant show that the applicant was treated for headaches in March 1968 in the area of a scar over the right eye. The treatment record makes no mention of the applicant being wounded or injured as a result of enemy action in Vietnam.
9. Army Regulation 600-8-22 (Military Awards) states 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. While the applicant has provided medical records showing he was treated for headaches at Fort Meade in March 1968 those records do not serve as sufficient evidence to show he was wounded in Vietnam as a result of enemy action nor does it serve to document treatment for wounds received in Vietnam.
2. Likewise, there is no evidence in his official records to show that he was injured/wounded as a result of enemy action in Vietnam.
3. Therefore, in the absence of sufficient evidence to show he was injured/wounded as a result of enemy action there appears to be no basis to grant his request for award of the Purple Heart at this time.
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) AR20110022548
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ABCMR Record of Proceedings (cont) AR20110022548
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