IN THE CASE OF:
BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120003965
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 wounded in Vietnam when incoming rounds landed close and scrap metal went inside his boot. He further states he had three heart attacks and he thinks Agent Orange is a factor.
3. The applicant provided two photos and a drivers license.
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 on 26 May 1967, and he was awarded military occupational specialty (MOS) 13A (Field Artillery). The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) during the period 6 November 1967 through 26 December 1968.
4. Item 40 (Wounds) of the applicant's DA Form 20 is blank.
5. The applicant's name is not included on the Department of the Army Vietnam casualty roster.
6. The applicants DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Overseas Service Bar (two)
7. There is no evidence in the available record showing he was awarded the Purple Heart and that he sustained an injury as a result of hostile action or that he was treated for wounds sustained as a direct result of hostile action.
8. The applicant provided two photos which show a leg injury. He also provided his photo ID.
9. Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained 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.
10. Army Regulation 600-200 (Enlisted Management) chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that he should be awarded the PH was carefully considered.
2. There is no evidence in the available record and the applicant has not provided sufficient evidence that shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a direct result of hostile action.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20120003965
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ABCMR Record of Proceedings (cont) AR20120003965
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