BOARD DATE:	  17 May 2012

		DOCKET NUMBER:  AR20110023125 


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 to be awarded the Purple Heart for wounds received in Vietnam on 8 November 1970.

2.  The applicant states, in effect, he was wounded in Vietnam by hostile forces on 8 November 1970 and did not receive award of the Purple Heart.

3.  The applicant provides notarized statements from the executive officer of his battery, his section sergeant, and two fellow crew members attesting to his being wounded and a copy of the unit daily staff journal (duty log).

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 applicant's 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 applicant's 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 5 July 1968 for a period of 3 years and training as a cannon crewman.  He completed basic training at Fort Polk, Louisiana, and advanced individual training at Fort Sill, Oklahoma, before being transferred to Greece on 29 November 1968.  He served in Greece until 23 November 1969 and was transferred to Fort Sill.

3.  He volunteered for duty in Vietnam and was transferred to Vietnam on 8 July 1970.  He was assigned to Battery C, 6th Battalion, 27th Artillery Regiment, for duty as a gunner.

4.  He departed Vietnam on 7 June 1971 and was transferred to Oakland Army Base, California, where he underwent a separation physical/medical examination.  There is no mention of the applicant having been wounded or injured in Vietnam during that process.

5.  On 8 June 1971 he was honorably released from active duty (REFRAD) as an overseas returnee.  He completed 2 years, 11 months, and 4 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Commendation Medal, Army Good Conduct Medal, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  A review of the applicant's official records failed to show any evidence indicating that the applicant had been wounded or injured in Vietnam.  Additionally, the applicant's name is not contained on the Vietnam casualty listing and a search 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 for award of the Purple Heart.

7.  The four supporting statements all serve to explain that the applicant received minor wounds that were treated by the medic on the scene and was returned to his position and was told to see the medic the following day.  The duty log simply confirms the action that occurred and does not list the applicant as a casualty.

8.  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 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 sincerity of the applicant's claim and the integrity of the statements he provides are not in doubt, there simply is no documentary medical evidence to support his claim or the claim of his fellow Soldiers.

2.  The supporting statements indicate the applicant was to be followed up at the aid station when he returned to base and there is no evidence of such occurring.  It is also noted that no mention of his injuries was made at the time of his separation physical.

3.  The applicable regulation states that treatment by medical personnel is required and the medical treatment must have been made a matter of official record.  However, there is no such evidence present in this case.

4.  Unfortunately, it is difficult at best to ascertain exactly what happened 40+ years ago or to determine whether his treatment was documented after he returned to his base camp.  In the absence of evidence to show his treatment was made a matter of official record, there appears to be insufficient evidence to warrant awarding him 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 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 this action in no way diminishes the sacrifices made by him 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)                                         AR20110023125



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ABCMR Record of Proceedings (cont)                                         AR20110023125



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