BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130002494
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 (PH).
2. The applicant states:
* He was offered a PH when he was in the Republic of Vietnam (RVN) but declined
* However, after all these year and because of his health problem, he now feels he made the wrong decision and would like to receive the award
3. The applicant provides a copy of a Standard Form 600 (Chronological Record of Medical Care) and a statement from his spouse.
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 enlisted in the Regular Army on 16 April 1968. He completed training and was awarded military occupational specialty (MOS) 31B (Radio Repairman). The highest rank/grade he attained while serving on active duty was sergeant /E-5.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) during the period 6 April 1969 through 27 March 1970.
4. Item 40 (Wounds) of his DA Form 20 is blank.
5. The applicant's Army Military Human Resource Record (AMHRR) contains no medical records showing he was wounded in action or treated for a wound received as a result of enemy action.
6. Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name as a casualty.
7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.
8. A Standard Form 600 shows the applicant injured his left foot on
25 December 1969, when he dropped a knife on it.
9. The applicants spouse states:
a. On 25 December 1969, he dropped a bayonet on his ankle;
b. Later while performing duty in the field one of his team members knocked a rock loose which he stopped by sticking his foot out;
c. The rock caused his injured ankle to burst and develop an infection; and
d. He was in the hospital for 16 days following the injury.
10. On 15 April 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete the remainder of his Reserve obligation. He completed 3 years of total active military service.
11. Army Regulation 600-8-22 (Military Awards) states the PH is awarded to members wounded in action and states that in order to award the PH, there must be evidence the wound for which the award is being made was received as a result of enemy action, the wound required treatment by military medical personnel, and a record of the medical treatment was made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the PH was carefully considered and it was determined there is insufficient evidence to support this request.
2. Award of the PH requires the submission of substantiating evidence to verify the injury/wound was the result of enemy action, the wound must have also required medical treatment by military medical personnel, and this medical treatment must have been made a matter of official record.
3. The applicant's service in the RVN and his sincerity is not in question. However, his record contains no medical treatment records or other documentation which confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in the RVN. The applicant's name is also not listed on the Vietnam casualty roster. His description of his injuries do not indicate they were caused by enemy action. The regulatory burden of proof necessary to support award of the PH has not been met; therefore, it would not be appropriate to award the applicant the PH in this case.
4. The applicant and all others concerned should know this action related to award of the PH in no way diminishes the sacrifices made by him 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 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) AR20130002494
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ABCMR Record of Proceedings (cont) AR20130002494
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