IN THE CASE OF:
BOARD DATE: 16 July 2012
DOCKET NUMBER: AR20120021041
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, in effect, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. He states he received a shrapnel injury during combat against enemy forces in Vietnam.
3. He provides his DD Form 214 and his service medical records.
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. On 5 October 1966, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman). He arrived in Vietnam on 6 October 1967.
3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.
4. His service medical records show he was treated for a shrapnel wound to his right thigh on 5 April 1968. He was admitted to a hospital for treatment, where he remained for 8 days. He received sutures which were removed on 18 April 1968. The available medical records do not show how he incurred this wound.
5. He departed Vietnam on 22 September 1968. On 25 September 1968, he was honorably released from active duty in the rank/grade of sergeant/E-5 after completing 1 year, 10 months, and 17 days of total active service.
6. His record is void of documentation showing he was awarded the Purple Heart.
7. His name is not listed on the Vietnam casualty roster.
8. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding the Purple Heart to him.
9. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40.
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:
The applicant was treated for a shrapnel wound on 5 April 1968, and he was hospitalized for 8 days while recovering from this wound. Unfortunately, there is no evidence showing the wound was the result of hostile action. As such, the available evidence provides an insufficient basis for granting his request for award of the Purple Heart and correction of his DD Form 214 to show this award.
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) AR20120021041
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ABCMR Record of Proceedings (cont) AR20120021041
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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