IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120002620
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 injured by shrapnel to his arm; his arm was cut open and the shrapnel was removed. He wore a bandage for at least a month.
3. The applicant provides a photograph 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. On 20 September 1967, the applicant enlisted in the Regular Army and he was trained in and awarded military occupational specialty (MOS) 63C (General Vehicle Repairman). The record shows he was advanced to specialist four (SP4)/E-4, on 30 December 1969, and this is the highest rank/grade he attained during his military service.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 27 April 1968 through 9 December 1969. Item 40 (Wounds) is blank, and the PH is not included in the list of awards entered in item 41 (Awards and Decorations). His record is void of orders or other documents indicating he was awarded the PH by proper authority while serving on active duty. It is also void of any documents showing he was wounded in action in the RVN or that he was treated for a combat-related wound by medical personnel while serving in the RVN.
4. On 18 September 1970, the applicant was honorably released from active duty. The DD Form 214 he was issued at the time shows he completed 2 years, 11 months, and 29 days of active military service. It also shows that during his active duty tenure he earned the following awards:
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* RVN Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Presidential Unit Citation
* Three Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar
5. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.
6. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 an award of the PH pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 2-8 contains guidance on the PH. It states 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 it required treatment by military medical personnel; and a record of the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the PH has been carefully considered. However, there is insufficient evidence to support his request. By regulation, in order to support award of 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 must have been made a matter of official record.
2. 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 he was treated for a combat-related wound by medical personnel while serving in the RVN. Item 40 of his DA Form 20 is blank which indicates he was not wounded in action.
3. There is no entry on the Vietnam casualty listing pertaining to the applicant, which is the official DA list of RVN casualties. Absent such evidence corroborating the applicant's claim that he was wounded in action the regulatory burden of proof necessary to support award of the PH has not been satisfied.
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) AR20120002620
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ABCMR Record of Proceedings (cont) AR20120002620
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