IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120012950
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 a white phosphorous grenade explosion hit him in the chest and hip in June 1969 while in Vietnam. He explains that he was digging up old grenades to be replaced when the grenade exploded. He adds he was taken to Saigon Hospital and a few days later transferred to the Okinawa Burn Center. He maintains he was never given a Purple Heart.
3. The applicant provides 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 was inducted into the Army of the United States on 12 January 1968. He served in Vietnam from 2 June 1968 to 13 August 1969. He was honorably released from active duty on 17 August 1969.
3. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart. His name is not listed on the Vietnam casualty listing.
4. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains the letter "P" (unknown abbreviation). A brief description and date of wounding is blank. There is no documentation in the available record that shows he sustained wounds or was treated for wounds incurred as a result of hostile action.
5. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart.
6. The applicant's records contain a USARV Form 130-R (U.S. Army Vietnam Casualty Report Format), undated. This form shows on 6 June 1969, the applicant was destroying phosphorous grenades when one exploded, burning him on the back and side. His DA Form 20 shows that on 14 June 1969 he was listed as a patient in the U.S. Army Hospital on Okinawa. On 13 July 1969, his duty title was listed as Assistant Squad Leader, U.S. Army Pacific.
7. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the Purple Heart was awarded to any member of the Armed Forces of the United States who was wounded in action against an armed enemy of the United States or as a direct result of an act of such enemy provided the wound necessitated treatment by a medical officer. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.
DISCUSSION AND CONCLUSIONS:
1. Although the evidence substantiates his injury and his subsequent medical evacuation to Okinawa and return to Vietnam, there is no document available which shows he was wounded "in action in the face of the armed enemy." In the absence of such evidence, there is an insufficient basis for award of the Purple Heart or correction of his DD Form 214 to show this award.
2. 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) AR20120012950
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ABCMR Record of Proceedings (cont) AR20120012950
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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