IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110022566
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 injuries received in Vietnam.
2. The applicant states, in effect, that he injured his finger trying to evacuate his truck during enemy gunfire in Vietnam and should have been awarded the Purple Heart.
3. The applicant provides a one-page handwritten letter explaining his application, one-page of his medical records, 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. On 8 August 1966, the applicant was inducted into the Army of the United States in Cleveland, Ohio and transferred to Fort Benning, Georgia where he completed the training requirements and was awarded military occupational specialty (MOS) 71H (Personnel Specialist).
3. He was subsequently transferred to Fort Gordon, Georgia to undergo training as a military policeman. However, it appears that he did not complete that training and he was returned to Fort Benning for assignment as a clerk/personnel specialist.
4. The medical records provided by the applicant show he was treated in the Emergency Room, Martin Army Hospital, Fort Benning in February 1968 for an injury to his right middle finger.
5. On 5 March 1968, he was transferred to Vietnam with his unit, the 95th Evacuation Hospital (Semi-Mobile). He served until his departure on 31 July 1968 when he was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) that date as an overseas returnee. He had served 1 year, 11 months, and 23 days of active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Good Conduct Medal, and Vietnam Service Medal.
6. A review of the applicant's official records and the Vietnam Casualty Listing failed to show any evidence he was wounded/injured in action in Vietnam or that he was reported as a casualty.
7. 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. The applicant has provided a medical record showing he was treated for a finger injury/wound at Fort Benning before he departed for Vietnam; however, this document is not sufficient 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 evidence showing 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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20110022566
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ABCMR Record of Proceedings (cont) AR20110022566
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