BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120010909
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 correction of his records to show he is authorized the Purple Heart.
2. The applicant states:
* he suffered injuries in June in Chu Lai when his unit came under attack
* he was part of the "QRF" team responsible for finding the enemy who was mortaring their position
* they hit a booby trap which wounded six of their seven members on the team
* he was hit with shrapnel in the head which led to an open head wound with a concussion
* the other five members were awarded the Purple Heart
* he was not put in for the Purple Heart because he believes the colonel did not like him for various reasons
3. The applicant provides no additional evidence.
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 Army on 24 September 1969. He completed training as a light weapons infantryman.
3. He arrived in Vietnam on 26 September 1970 and was assigned to Company B, 2nd Battalion, 22nd Infantry, 25th Infantry Division. He departed Vietnam as a medically evacuated patient and he arrived in Japan on 3 September 1971.
4. The applicant departed Japan en-route to the United States on 6 September 1971.
5. The applicant was discharged for the good of the service on 27 July 1973. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:
* Army Commendation Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars
* National Defense Service Medal
6. A review of the applicants records does not show that he was wounded as a result of hostile action by enemy forces while he was in Vietnam.
7. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam Era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Purple Heart.
8. The applicant's name is not shown on the Vietnam casualty listing as a battle casualty.
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 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. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. While the applicant's record does show that he was evacuated from Vietnam to Japan as a patient, there is no evidence in the available record, nor has the applicant submitted any evidence, showing he was wounded as a result of hostile action by enemy forces.
3. The hospital commander had the authority to award him the Purple Heart if his injury was the result of hostile action by enemy forces. His name is not shown on the Vietnam casualty listing as a battle casualty. Based on the available records, he is not authorized the Purple Heart.
4. In view of the foregoing, the applicant's request should be denied.
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) AR20120010909
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ABCMR Record of Proceedings (cont) AR20120010909
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