IN THE CASE OF:
BOARD DATE: 17 January 2013
DOCKET NUMBER: AR20120012398
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. The applicant states he:
* was in a firefight during a massive ground attack
* was hit in his right leg, a medic dressed his leg, but it was not recorded in his medical record
* resumed fighting
* several men were wounded and killed during this attack
3. He submitted:
* two letters
* two self-authored statements
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 was inducted into the Army of the United States on 18 July 1968.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) he was assigned to Company C, 1st Battalion, 5th Cavalry Regiment, 1st Air Calvary Division from 19 December 1968 to 15 January 1969;
b. Company E, 1st Battalion, 5th Cavalry Regiment, 1st Air Calvary Division from 16 January to 10 December 1969;
c. item 40 (Wounds) no entry (blank); and
d. item 41 (Awards and Decorations) no entry for the Purple Heart.
4. On 17 July 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 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.
5. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) 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. 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. 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. The applicant provided a self-authored statement wherein he indicates he was wounded during an enemy attack in late September or early October 1969. He also indicates:
* he was injured when he was hit in the right leg
* a medic applied a field dressing
* he has the scar to prove it
9. He submitted a letter from:
a. The Atlanta Heart Associates, Stockbridge, GA, dated 23 August 2006,
which indicated the applicant was requesting a medical opinion to validate a gunshot wound he claimed he received to his right upper thigh while in Vietnam; and
b. Urology of Greater Atlanta, GA, dated 21 August 2006, which indicated
the applicant has some long-term injuries consistent with a gunshot wound to his right thigh.
10. 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 applicant's request to be awarded the Purple Heart has been carefully considered and it was determined that there is insufficient evidence to support this request.
2. Award of the Purple Heart 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. The applicant's name is not listed on the Vietnam casualty roster. Therefore, the evidence is not sufficient to support award of the Purple Heart.
3. The applicant and all others concerned should know this action related to award of the Purple Heart 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.
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