IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110022561
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. He states while serving in Vietnam near the end of June 1967, he sustained injuries from a claymore mine during an ambush. On the way to the ambush, he tripped a claymore mine, causing it to detonate. He was knocked down and left unconscious for a short period. He had trouble walking back to base camp and in the following days, he had headaches and earaches.
3. He was medically evacuated to Long Binh, Vietnam where he was diagnosed with a ruptured eardrum. The doctors suggested that he stay in Vietnam past his departure date; however, he refused and departed as scheduled.
4. He did not provide any additional documentation.
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 of the United States on 30 July 1964. After completion of training, he served in military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows the following information:
* Item 31 (Foreign Service) he served in Vietnam from 21 November 1966 to 6 July 1967
* Item 40 (Wounds) does not show he received any wounds
* Item 41 (Awards and Decorations) is void of the Purple Heart
4. On 6 July 1967, he was honorably released from active duty after completing 2 years, 11 months, and 7 days of total active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the Purple Heart.
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. 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. By regulation, it is necessary to establish that a Soldier was wounded as a result of hostile action, the wound required treatment by medical personnel, and the medical treatment of the wound must have been made a matter of official record in order to award the Purple Heart.
3. Lacking any corroborating evidence of record such as official medical documentation which shows the applicant was treated for an injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case. Additionally, the applicant's name does not appear on the Vietnam casualty roster.
4. In the absence of such evidence; there is an insufficient basis on which to grant the requested relief.
5. The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by him 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) AR20110022561
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ABCMR Record of Proceedings (cont) AR20110022561
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