IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003961
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 and correction of his DD Form 214 (Report of Separation from Active Duty) to show it.
2. The applicant states he was wounded in Vietnam but never received the Purple Heart.
3. The applicant provides:
* DD Form 214
* Department of Veterans Affairs (VA) medical records
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 is a retired Regular Army (RA) infantry sergeant first class (SFC). He enlisted in the RA on 31 December 1955. He served through multiple reenlistments in a variety of stateside and overseas assignments including:
* Germany from 3 October 1961 to 2 December 1963
* Korea from 23 September 1965 to 17 March 1966
* Vietnam from 17 January 1968 to 26 March 1969
* Vietnam from 7 October 1971 to 21 September 1971
* Germany from 7 April 1976 to 15 October 1976
3. He was honorably retired on 31 July 1976 and placed on the Retired List in the rank of SFC on 1 August 1976.
4. Nothing in eight typical sources confirm he was wounded in action and/or treated for a combat injury/wound:
* item 40 (Wounds) of his contemporaneous DA Form 20 (Enlisted Qualification Record) does not reflect a combat wound or injury
* item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart
* item 9 (Awards, Decorations, and Campaigns) of his contemporaneous DA Form 2-1 (Personnel Qualification Record) does not reflect the Purple Heart
* his records do not contain general orders authorizing him award of the Purple Heart
* his name is not shown on the Vietnam casualty roster
* a review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the U.S. Army Human Resources Command, failed to reveal Purple Heart orders for him
* his available service medical records do not reflect a combat injury or treatment
* none of his valor/heroism awards show he was wounded or injured during his heroic acts
5. He submitted a copy of a 2012 VA record pertaining to his pension and compensation claim. The medical document states the leg x-ray showed shrapnel.
6. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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 criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The applicant's service record is void of any evidence that shows he was wounded or injured as a result of enemy action. His name is not listed on the Vietnam casualty roster, and his DA Form 20 and DA Form 2-1 do not indicate he received a combat-related wound. Additionally, the available medical records do not show a combat injury or wound and the ones he provides which are necessary to confirm that treatment was required do not confirm the cause of the shrapnel.
3. Notwithstanding the applicant's contention and his sincerity, in the absence of documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart 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 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) AR20120003961
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ABCMR Record of Proceedings (cont) AR20120003961
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