BOARD DATE: 11 June 2013
DOCKET NUMBER: AR20120021533
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 did not receive orders for award of the Purple Heart when he was injured in Vietnam.
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 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 27 November 1967 for a period of 3 years. He held military occupational specialty 63G (Fuel and Electrical
Systems Repairman). The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned:
* in Vietnam from 9 June 1969 to 8 June 1969 while serving with
Company A, 864th Engineer Battalion from 11 June 1968 to 6 June 1969
* in Germany from 17 July 1969 to 19 October 1969 while serving with the 42nd Heavy Equipment Maintenance Company
* in Vietnam from 4 December 1969 to 23 December 1969 while serving with Company C, 725th Maintenance Battalion, 25th Infantry Division from 13 December 1969 to 23 December 1969
* to the Medical Holding Company, 249th General Hospital, Japan, in a patient status, from 24 December 1969 to 9 January 1970
* to the Medical Holding Company, Walter Reed General Hospital, Washington, D.C., in a patient status, from 10 January 1970 to 23 April 1970
* to Fort Riley, KS, from 3 June to 25 November 1970 while serving with Company A, 67th Signal Battalion
4. There is no evidence of record that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. There is nothing in six typical sources that shows he was wounded/injured as a result of hostile action:
a. Item 40 (Wounds) of his DA Form 20 does not show a combat wound or injury.
b. Item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart among his awards.
c. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command (HRC), which is an index of general or special orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.
d. His name is not shown on the Vietnam casualty listing. This is a Microfiche Listing of Vietnam Era Casualties that is used to verify entitlement to the Purple Heart.
e. His record does not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound. This was the proper notification of injuries at the time.
f. His available medical records do not show he was injured as a result of hostile enemy action.
5. His record contains a DA Form 339 (Medical Condition Physical Profile Record), dated 22 April 1970, that shows he had been diagnosed with a strained right knee and a fractured left fibula. His profile does not indicate how he was injured.
6. His record contains a Standard Form 89 (Report of Medical History), dated
22 September 1970, that shows he had a profile for a knee injury and was scheduled for an orthopedic consultation.
7. On 25 November 1970, he was honorably released from active duty at the expiration of his term of service.
8. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Purple Heart because he was injured while serving in Vietnam.
2. The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile 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.
a. His medical records do not indicate whether the injury he sustained was a result of hostile enemy action or a work-related accident.
b. His records are void of any evidence and he has not provided any evidence showing he was ever recommended for or awarded the Purple Heart.
c. Based on the foregoing, there is insufficient evidence to award the Purple Heart.
3. The applicant and all others concerned should know that this action 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 Vietnam.
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) AR20120021533
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ABCMR Record of Proceedings (cont) AR20120021533
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