IN THE CASE OF:
BOARD DATE: 13 October 2015
DOCKET NUMBER: AR20150003098
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 was injured by shrapnel when a rocket propelled grenade exploded. He was given paperwork when he was injured; however, the paperwork pertaining to award of the Purple Heart was never dropped off to be submitted.
3. The applicant provides a copy of DD Form 1076R (Record of Personal Effects).
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 was inducted into the Army of the United States on 29 January 1970. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank. Item 41 (Awards and Decorations) does not show award of the Purple Heart.
4. On 16 September 1971, the applicant underwent a physical examination. The purpose for the examination was his separation from service at the expiration of his term of service. The examining physician noted the applicant was qualified for separation; however, other than a note of a scar over his left eye, there was no indication he had been wounded.
5. On 28 September 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows the:
* National Defense Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M16)
* Vietnam Service Medal with one bronze service star
* Overseas Service Bar
* Republic of Vietnam Campaign Medal with Device (1960)
6. The applicant's available official military personnel file (OMPF) contains no additional medical records showing he was wounded in action or treated for a wound received as a result of enemy action. His OMPF also does not contain orders awarding him the Purple Heart.
7. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.
9. The applicant provides a copy of a DD Form 1076R, dated 20 May 1971, which indicates the applicant, while assigned to Company B, 2nd Battalion, 503rd Infantry Regiment, Republic of Vietnam, was medically evacuated on 20 May 1971.
10. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. Paragraph 2-8 contains guidance on the Purple Heart. It states the Purple Heart is awarded to members wounded in action and states that in order to award the Purple Heart, 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 OMPF is void of any orders awarding him the Purple Heart. In order to support award of the Purple Heart, the member must have been wounded in action and there must be evidence the wound for which the award is being made was received as a result of enemy action. The member must have required medical treatment by military medical personnel and this medical treatment must have been made a matter of official record.
2. The applicant's service in the Republic of Vietnam is not in question. While it is possible the applicant sustained a fragment wound above his left eye which resulted in a scar, unfortunately, the applicant's DD Form 1076R and OMPF contain insufficient evidence to corroborate his contention that he was injured by shrapnel when a rocket propelled grenade exploded.
3. The regulatory burden of proof necessary to support award of the Purple Heart has not been met.
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) AR20150003098
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