IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120010535
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 action in the Republic of Vietnam (RVN) in June 1968 when he fell into a punji stick booby trap and broke his right ankle.
3. The applicant provides no documentary evidence in support of his request.
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. On 18 April 1968, the applicant was inducted into the Army of the United States. He was trained in and awarded military occupational specialty (MOS) 63C (Wheel Vehicle Mechanic). His record shows he was promoted to sergeant (SGT)/E-5 on 28 February 1970, and that this is the highest rank he attained while serving on active duty.
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the RVN 16 September 1968 to 6 September 1969. Item 40 (Wounds) is blank, and the PH is not included in the list of awards entered in item 41 (Awards and Decorations).
4. The applicants Military Personnel Records Jacket (MPRJ) is void of orders or other documents indicating he was awarded the PH by proper authority while serving on active duty. It is also void of any documents and/or medical treatment records showing he was wounded in action or that he was treated for a combat-related wound by medical personnel while serving in the RVN.
5. On 17 April 1970, the applicant was honorably released from active duty. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he completed 2 years active military service. It also shows that during his active duty tenure he earned the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device 60
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* VCOP V
6. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.
7. 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 maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal an award of the PH pertaining to the applicant.
8. Army Regulation 600-8-22 (Military Awards) contains the Armys awards policy. Paragraph 2-8 contains guidance on the PH. It states in order to support
award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for award of the PH has been carefully considered. However, there is insufficient evidence to support his request.
2. By regulation, in order to support award of 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 medical personnel, and a record of the medical treatment must have been made a matter of official record.
3. The evidence of record is void of any entries or documents that indicate the applicant was wounded in action or treated for a combat related wound while serving in the RVN. Item 40 of his DA Form 20 is blank, which indicates he was not wounded in action. Further, there is no entry on the Vietnam casualty listing, the official DA list of RVN casualties, pertaining to the applicant.
4. Absent any evidence of record confirming the applicant was wounded as a result of enemy action or medical treatment records showing he was treated for a combat related wound by military medical personnel in the RVN, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.
5. The applicant and all others concerned to know that this action related to award of the PH 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) AR20120010535
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ABCMR Record of Proceedings (cont) AR20120010535
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