IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110023161
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 was not awarded the Purple Heart for a wound he received to his leg due to enemy action
* his captain stated he was putting him in for the award, but it never went through
* as per his award of the Bronze Star Medal with "V" Device, he was clearly wounded in the heat of enemy action
* when he got back to base camp he was hospitalized in the field hospital at Dong Ha
* he had shrapnel in his leg which was removed
* his leg was bandaged and he had to stay off of his leg for a couple of days
3. The applicant provides a copy of Headquarters, I Field Force Vietnam, General Orders Number 470, dated 7 June 1967, awarding him the Bronze Star Medal with "V" Device.
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 was inducted into the Army of the United States on 23 September 1965. He completed training as a field artillery crewman. He arrived in Vietnam on 24 September 1966.
3. On 7 June 1967, Headquarters, I Field Force Vietnam, General Orders Number 470 were published awarding the applicant the Bronze Star Medal with "V" Device for heroism on 21 March 1967. The orders state the applicant received an injury to his leg during the action for which he was awarded the Bronze Star Medal with "V" Device and with complete disregard for his own personal safety he constantly exposed himself to enemy fire and the burning, exploding ammunition vehicles in order to organize his men.
4. A review of the available records fails to show the applicant was ever hospitalized or sought treatment for the injury he received to his leg on 21 March 1967.
5. The applicant departed Vietnam en route to the United States on 23 August 1967. He was honorably released from active duty on 16 September 1967 as an overseas returnee. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar
6. The applicant's name is not shown on the Vietnam casualty listing as a battle casualty. His separation physical forms do not show he was wounded or treated for any wounds.
7. 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. While General Orders Number 470 clearly show the applicant received an injury to his leg during combat in Vietnam, there is no evidence in the available record nor has he submitted any evidence showing he was hospitalized for the leg injury or the injury required treatment by medical personnel.
3. His name is not shown on the Vietnam casualty listing as a battle casualty. His separation physical forms do not show he was wounded or treated for any wounds.
4. Regrettably, absent any evidence showing his leg injury required treatment by medical personnel or he was hospitalized as a result of the injury his request should be denied.
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) AR20110023161
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ABCMR Record of Proceedings (cont) AR20110023161
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