IN THE CASE OF:
BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20110024497
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 correction of his records to show award of the Purple Heart.
2. He states while transporting the wounded back to base camp following a firefight with a Viet Cong patrol, the doctor noticed his hand was bleeding. It wasn't until then that he felt the pain of his two broken fingers. The doctor put a splint on and asked if he wanted a Purple Heart. At the time, it did not seem deserving to him, because of the others' more serious wounds.
a. About 10 years later when a civilian doctor x-rayed his hand he noticed shrapnel metal in his hand, which is still there today.
b. He now has a Department of Veterans Affairs (VA) service-connection rating for a shrapnel wound to his middle finger on his right hand.
3. He provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* VA Rating Decision
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. His military records show he was inducted into the Army on 19 November 1968. He was awarded the military occupational specialty of 11D (Armor Reconnaissance Specialist). He enlisted in the Regular Army on 21 July 1969 for a term of 4 years. The highest rank/grade held was sergeant/E-5.
3. His DA Form 20 (Enlisted Qualification Record) shows he performed duties as an 11D (Scout Observer) during his tour of duty in the Republic of Vietnam while he was assigned to Troop A, 1st Squadron, 10th Cavalry, 4th Infantry Division, from 26 June 1970 to 27 April 1971.
4. He was released from active duty on 20 April 1973. He was credited with completion of 4 years, 5 months, and 2 days of active service.
5. His DD Form 214 does not list the Purple Heart.
6. Item 40 (Wounds) of his DA Form 20 is blank. Item 41 (Awards and Decorations) does not list the Purple Heart.
7. The Vietnam casualty roster does not contain his name.
8. His military records are void of any orders or other documents that indicate he was recommended for or awarded the Purple Heart by the proper authority.
9. His medical records are not available for review.
10. He provided a VA Rating Decision, dated 19 October 2011, showing he was awarded a VA service-connection rating for a shrapnel wound to his middle finger on his right hand. This VA document states that an x-ray of his right hand revealed shrapnel of the base of the 3rd finger (middle finger).
11. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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. He states he received shrapnel in his right hand during a firefight with a Viet Cong patrol. X-rays show he has shrapnel in his middle finger on his right hand. However, there is no evidence beyond his personal statement to show how he received this shrapnel.
2. His DA Form 20 does not show he was wounded and his name is not listed on the Vietnam casualty roster.
3. In the absence of evidence to show he was wounded or injured as a result of hostile action, treated for such wounds, and that the medical treatment was made a matter of official record there is insufficient evidence upon which to base award of the Purple Heart.
4. In view of the foregoing, there is an insufficient basis for granting his request.
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) AR20110024497
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ABCMR Record of Proceedings (cont) AR20110024497
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