IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120001801
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 that he be awarded the Purple Heart for wounds/injuries received in Vietnam.
2. The applicant states, in effect, that he was wounded/injured in Vietnam during an enemy rocket attack on 26 October 1967. He goes on to state that the concussion of an exploding rocket threw him to the ground and he sustained a cut on his chin and right wrist; however, he never reported it because he was scared and embarrassed.
3. The applicant provides a two-page statement explaining his application, three internet articles about the rocket attack, and a newspaper article.
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 in Newark, New Jersey on 24 August 1966. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a construction machine operator at Fort Lewis, Washington and was then transferred to Fort Gordon, Georgia for training as a military policeman (MP).
3. He completed his training as an MP and was transferred to Vietnam for assignment to Company B, 504th MP Battalion on 9 September 1967. He served as an MP, a mechanics helper, and a wheel vehicle mechanic. He was advanced to the pay grade of E-4 on 11 March 1968.
4. He departed Vietnam on 11 August 1968 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on
13 August 1968 as an overseas returnee. He had served 1 year, 11 months, and 20 days of active service and was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Good Conduct Medal, and the Army Commendation Medal.
5. A review of his official records failed to show any evidence of the applicant being wounded or being awarded the Purple Heart. Additionally, his name is not contained on the Vietnam Casualty Listing and a search of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders the Purple Heart.
6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart 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. While the sincerity of the applicants claim that he was injured in Vietnam during an enemy rocket attack is not in doubt, by the applicants own admission he did not seek treatment for his injuries.
2. There is no medical evidence present in the available records to show that he was wounded as a result of enemy action which is a prerequisite for award of the Purple Heart.
3. Therefore, in the absence of such evidence there appears to be no basis to award him the Purple Heart at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120001801
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ABCMR Record of Proceedings (cont) AR20120001801
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