IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120008505
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 he be awarded the Purple Heart (PH).
2. The applicant states his company commander neglected to submit paperwork to have his general orders issued.
3. The applicant provides a copy of his medical document, Army Commendation Medal (ARCOM) with valor orders, and a self-authored statement.
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 enlisted in the Regular Army on 26 July 1966. He completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 31G (Tactical Communications Chief). The highest rank/grade he attained while serving on active duty was sergeant/E-5.
3. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains no entries.
4. The PH is not listed on the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and there are no orders or other documents in the applicant's record that indicate he was recommended for or awarded the PH.
5. A DD Form 1380 (U.S. Field Medical Card) shows that, on 4 November 1967, the applicant was treated for a wound with metal fragments in his inner left thigh received as a result of non-hostile action.
6. The applicant's name is not listed on the Army Vietnam casualty roster.
7. On 2 June 1971, the applicant was honorably released from active duty after completing 2 years, 10 months, and 17 days of total active military service.
8. The applicant provided his separation Standard Form 89 (Report of Medical History) which states he received medical treatment in January 1968 by having metal fragments removed from his left inner thigh. He also provided an ARCOM with valor order, which he received for military operations against hostile force on 20 January 1968. The citation does not mention that he was wounded.
9. The applicant provided a self-authored statement which states he was wounded during an enemy attack on 20 January 1968. He states that he was presented the PH at the 25th Infantry Division Field Hospital but did not receive a copy of the general orders.
10. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the PH. It states the PH is awarded to members wounded in action and states that in order to award 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 military medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be awarded the PH has been carefully considered and it was determined that there is insufficient evidence to support this request.
2. Award of the PH requires the submission of substantiating evidence to verify the injury/wound was the result of enemy action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.
3. The applicant's name is not listed on the Vietnam casualty roster, and the DD Form 1380 shows he was injured from metal fragments in his inner left thigh as a result of non-hostile action. His ARCOM citation does not mention that he was wounded. Therefore, the evidence is not sufficient to support award of the PH.
4. The applicant and all others concerned should know this action related to award of the PH in no way diminishes the sacrifices made by him 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) AR20120008505
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ABCMR Record of Proceedings (cont) AR20120008505
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