IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110023983
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 two awards of the Purple Heart (PH).
2. The applicant states he received his first PH for shrapnel to his legs and back and the second for a broken leg while serving in the Republic of Vietnam (RVN).
3. The applicant did not provide any supporting 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. The applicant was inducted into the Army of the United States on 14 May 1968. His records show he completed basic combat and advanced individual training and he was awarded military occupational specialty 71H (Personnel Specialist). The highest rank he attained while serving on active duty was specialist four/E-4.
3. The applicant served in the RVN with Combat Assistance Team 60,
9th Infantry Division from 29 November 1968 to 15 December 1969.
4. The applicants DD Form 214 shows he was honorably released from active duty on 16 December 1969. His DD Form 214 does not show award of the first or second PH.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury.
6. The applicants name is not listed on the Vietnam casualty roster. His official military personnel file is void of any orders or documents that indicated he was awarded the first or second PH by proper authority while serving on active duty.
7. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the PHs pertaining to the applicant.
8. There is no evidence in the available records showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.
9. Army Regulation 600-8-22 (Military Awards) states the PH 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 applicants request to add the PH (first and second award) to his
DD Form 214 was carefully considered and determined to lack sufficient evidence to grant relief.
2. The criteria for an award of the PH requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
3. There is no evidence of record and he provides none to show he was awarded any Purple Hearts. In the absence of official documentary evidence that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him the first and second award of the Purple Heart in this case.
4. This action in no way diminishes the sacrifices made by the applicant 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) AR20110023983
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ABCMR Record of Proceedings (cont) AR20110023983
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