IN THE CASE OF:
BOARD DATE: 6 September 2012
DOCKET NUMBER: AR20120003647
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.
2. The applicant states he was wounded in Dak To, Republic of Vietnam (RVN) in early 1968. His lieutenant offered him a Purple Heart, but he refused it because he was not seriously injured. He felt it disrespectful to accept the medal when others were more seriously injured. Now he realizes he should have accepted it because the Purple Heart carries a higher Department of Veterans Affairs (VA) priority for medical care. He does not want a special award ceremony, just credit for the medal so he can get priority medical treatment from the VA.
3. The applicant provides:
* a 17 February 2012 letter
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a picture of a Soldier with a small bandage on his forehead
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 into the Army of the United States for 2 years on 16 February 1967. He served in the RVN from on or about 2 August 1967 to
23 February 1968.
3. Regarding the Purple Heart:
* his DA Form 20 (Enlisted Qualification Record) does not show a wound
* his name does not appear on the Vietnam Casualty List
* there are no orders in his records
* his expiration term of service (ETS) physical does not record a wound
4. 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. The applicant's request was carefully considered; however, there is no evidence to support awarding the Purple Heart.
2. The applicant states his lieutenant offered to put him in for a Purple Heart, but he did not want it. This explains why there are no orders awarding the medal.
3. The applicant's name is not on the Vietnam Casualty List, and his medical records do not reflect a wound.
4. The picture of a Soldier wearing a small bandage on his forehead does not satisfy the regulatory requirements for award of the Purple Heart.
5. In view of the foregoing, there is an insufficient basis to grant relief in this case.
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) AR20120003647
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ABCMR Record of Proceedings (cont) AR20120003647
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