IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120005932
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. He states:
* he was wounded in action in or about November 1969
* he declined award of the Purple Heart at the time because he did not wish to worry his mother, who was alone
3. He submitted his Veterans Post-Traumatic Stress Disorder (PTSD) Information Attachment or worksheet.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 13 May 1968.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 22 April 1969 through 4 April 1970 and he was assigned to the 608th Transportation Company and the 604th Transportation Company. His DA Form 20 also shows in:
a. item 40 (Wounds) no entries; and
b. item 41 (Awards and Decorations) no entry for the Purple Heart.
4. On 5 April 1970, he was honorably released from active duty at the expiration of his term of service. He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. His
DD Form 214 indicates he completed 1 year, 10 months, and 23 days of total active service. His DD Form 214 also shows he served in Vietnam from 22 April 1969 through 5 April 1970; however, it does not show award of the Purple Heart.
5. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.
6. The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not list the applicant's name as a casualty.
7. There are no medical records in his official military personnel file that show he was wounded as a result of hostile action in Vietnam.
8. He submitted his Veterans PTSD worksheet wherein he indicates he was wounded in November 1969, in Pleiku, Vietnam, while assigned to the 608th Transportation Company.
9. 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 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 regulation governing award of the Purple Heart indicates the wound for which the award is being made must have been a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. Regrettably, there is no corroborating evidence in the applicant's record and he provided insufficient evidence to show he was wounded as a result of hostile action.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
4. The applicant and all others concerned should know that 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 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) AR20120005932
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ABCMR Record of Proceedings (cont) AR20120005932
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