BOARD DATE: 18 April 2013
DOCKET NUMBER: AR20120017554
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 received a wound to his left eye while performing operations in Vietnam. He almost lost his eye and now has to wear glasses and suffers from migraine headaches.
3. The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and a Standard Form 509 (Clinical Record).
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 enlisted in the Regular Army on 8 May 1967, completed training, and was awarded military occupational specialty 11E (Armor Crewman).
3. His record contains two DA Forms 20 (Enlisted Qualification Record) which provide some slightly different information as related to his service locations and dates.
a. Item 31 (Foreign Service) of the older form shows service in Vietnam from 30 June 1968 through 29 June 1969 and service in Germany from 21 August 1969 through 28 April 1970, whereas the second form shows service in Vietnam from 15 June 1968 through 15 June 1969 and service in Germany from 15 August 1969 through 15 April 1970.
b. Item 38 (Record of Assignments) of the older form shows service in Vietnam with Headquarters and Headquarters Company, 1st Battalion, 69th Armor Regiment, 4th Infantry Division, from 12 June 1968 through 18 May 1969 and assignment to the 5th Battalion, 68th Armor Regiment, in Germany. The second form contains no information on his duty assignments in Vietnam or Germany.
c. Item 40 (Wounds) is blank on both forms.
d. Item 41 (Awards and Decorations) of the earlier form shows award of four marksmanship qualification badges, whereas the later form shows only one qualification badge. Neither form shows award of a Purple Heart.
e. Item 44 (Time Lost) of the second form shows three periods of absence without leave and a period of confinement for a total of 427 days of lost time during his second enlistment.
4. He is shown to have had two periods of active duty service: 8 May 1967 through 29 April 1970 and 7 May 1971 through 6 December 1973. Neither of the applicant's two DD Forms 214 shows award of the Purple Heart.
5. The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.
6. The Standard Form 509 provided by the applicant shows an entry, dated 6 April 1969, "recheck eye hit with bamboo shoot 9 days ago." The 17th Field Hospital date, time, and complaint stamp is blank. The exam showed only blood beneath conjunction of the lateral canthus, left eye; his vision was normal; and no future treatment was recommended.
7. A review of the Vietnam casualty list failed to locate any reference to the applicant.
8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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. Other than the Standard Form 509, the applicant has not provided and the record does not contain any indication he may have sustained an injury or wound that might warrant award of the Purple Heart.
2. The information on the Standard Form 509 provided by the applicant cannot be confirmed by other evidence.
3. Additionally, the Standard Form 509 does not show the eye injury was sustained in action against an enemy or as a result of hostile action.
4 Regrettably, there is insufficient evidence on which to base awarding him the Purple Heart.
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.
ABCMR Record of Proceedings (cont) AR20120017554
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120017554
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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