IN THE CASE OF:
BOARD DATE: 12 June 2012
DOCKET NUMBER: AR20110025131
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 wishes to be awarded the PH for the wound he received on 19 September 1968 in the Republic of Vietnam (RVN).
3. The applicant provides a self-authored statement and medical treatment records in support of his application.
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's record shows he enlisted in the Regular Army on 1 September 1961 and was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant's record shows he served in the RVN from 14 December 1967 through 8 November 1968 and from 26 January through 6 March 1971. His military service record is void of entries indicating he was ever wounded as a result of enemy action. His DA Form 2-1 (Personnel Qualification Record) does not include the PH in item 9 (Awards, Decorations, and Campaigns).
4. The applicant's Military Personnel Records Jacket 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 wound received as a result of enemy action.
5. On 30 September 1981, the applicant was honorably retired in the rank of master sergeant after completing 20 years and 16 days of active military service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not include the PH in the list of awards.
6. The applicant provides a self-authored statement and medical treatment records that confirm he was wounded in an accident in the RVN in 1968. The medical treatment record and the applicant's own statement confirm the gunshot wound he received when the M-16 rifle of a fellow Soldier went off was accidently fired.
7. During the processing of this case, a staff member of the Board reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on the roster.
8. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance for the PH. It states the PH is awarded to members who are wounded in action. It also states that 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 an accidental wound he received in the RVN in 1968 has been carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, there must be evidence the wound was received as a result of enemy action in order to support award of the PH.
3. The applicant's record is void of medical treatment records or other documents that indicate the wound the applicant received in the RVN in 1968 was the result of enemy action. His own statement and the medical treatment record he provides confirm his wound was the result of an accidental firing of the M-16 rifle of a fellow Soldier. There is no evidence to suggest this accident was caused by or the result of enemy action.
4. Absent any evidence confirming the applicant's wound was received as a result of or that it was caused by enemy action, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to award the applicant the PH.
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 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) AR20110025131
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110025131
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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