IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110024775
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 (PH).
2. The applicant states he was wounded in the left hand during a fire fight in the Republic of Vietnam (RVN). He claims to have been treated and released in theater in May 1971.
3. The applicant provides no documentary evidence in support of his request.
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 initially enlisted in the Regular Army on 15 October 1968. He was trained in and awarded military occupational specialty 13A (Field Artillery Basic). He was honorably discharged on 22 January 1970 for the purpose of immediate reenlistment. On 23 January 1970, he reenlisted for a period of
6 years.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 8 March 1970 to 31 January 1971. Item 40 (Wounds) is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations).
4. The applicant's Military Personnel Records Jacket (MPRJ) is void of orders or documents indicating he was wounded in action in the RVN. It is also void of medical treatment records indicating he was ever treated for a combat-related wound.
5. On 26 June 1972, the applicant was discharged. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he completed 3 years, 5 months, and 1 day of total active service. The DD Form 214 he was issued does not include the PH in the list of awards.
6. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.
7. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the PH. It states the PH is awarded to members wounded in action. It also states in order to award the PH there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the PH based on wounds received in the RVN has been carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, in order to support award of the PH the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound must have required treatment by medical personnel, and this medical treatment must have been made a matter of official record.
3. Item 40 of the applicant's DA Form 20 is blank which indicates he was never wounded in action and the PH is not included in the list of earned awards in item 41. Furthermore, there are no documents in the applicant's record that indicate he was ever treated for a combat-related wound by medical personnel during the time he served in the RVN.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20110024775
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110024775
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090016304
Application for correction of military records (with supporting documents provided, if any). Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action, and the PH is also not included in the list of awards contained in Item 41. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.
ARMY | BCMR | CY2009 | 20090009588
Application for correction of military records (with supporting documents provided, if any). Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action, and the PH is also not included in the list of awards contained in Item 41. As a result, absent any evidence of record confirming the applicant was wounded in action or treated for a combat-related wound while serving in the RVN, the regulatory burden of proof necessary to support award of the PH has not...
ARMY | BCMR | CY2009 | 20090014444
Application for correction of military records (with supporting documents provided, if any). Item 40 (Wounds) of the applicant's DA Form 20 is blank and the PH is not included in the list of earned awards entered in item 41 (Awards and Decorations). Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action, and the PH is also not included in the list of awards contained in Item 41.
ARMY | BCMR | CY2012 | 20120010535
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. The applicant and all others concerned to know that this action related to award of the PH in no way diminishes the sacrifices made by the applicant in service to our Nation.
ARMY | BCMR | CY2010 | 20100007394
Application for correction of military records (with supporting documents provided, if any). Item 40 (Wounds) is blank and the PH is not included in the list of awards contained in item 41 (Awards and Decorations). __________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.
ARMY | BCMR | CY2011 | 20110004528
It states the PH is awarded to members wounded in action. The applicant's record is void of any entries or documents corroborating his claim that he was wounded in action in the RVN or that show he was ever treated for a combat-related wound by medical personnel while serving in the RVN. The applicant's record is void of any documents or orders indicating he was ever recommended for or awarded the AM by proper authority during his active duty tenure and there are no AM orders for the...
ARMY | BCMR | CY2009 | 20090003714
Application for correction of military records (with supporting documents provided, if any). Therefore, it would not be appropriate to award the applicant the PH. _______ _ 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.
ARMY | BCMR | CY2009 | 20090014978
Application for correction of military records (with supporting documents provided, if any). The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 21 April 1969 through 1 April 1971. Item 40 (Wounds) of the applicant's DA Form 20 is blank and the PH is not included in the list of earned awards entered in item 41 (Awards and Decorations).
ARMY | BCMR | CY2008 | 20080000607
x The Board considered the following evidence: Exhibit A - Application for correction of military records. However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that the wound required treatment by military medical personnel; and a record of this medical treatment must have been made a matter of official record. In order to justify correction of a military record the...
ARMY | BCMR | CY2009 | 20090004521
Application for correction of military records (with supporting documents provided, if any). However, by regulation, in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by military medical personnel, and a record of this medical treatment must have been made a matter of official record. Absent any evidence of record confirming the applicant was wounded in...