IN THE CASE OF:
BOARD DATE: 7 May 2013
DOCKET NUMBER: AR20120018231
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 believes he is eligible for award of the Purple Heart for a shrapnel wound he sustained to his left rear hip while serving in Cambodia. He states he was told he was not eligible for award of the Purple Heart because he and the Army were not officially supposed to be there.
3. The applicant provides two pages from a Department of Veterans Affairs examination.
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 in Dallas, Texas, on 20 February 1969. He completed one-station unit training as a wireman at Fort Ord, California, and was transferred to Vietnam on 18 July 1969. He was assigned to the 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division, as a radio operator and communications chief.
3. He departed Vietnam on 15 July 1970 and was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty on 19 February 1971 due to the expiration of his term of service. He completed 2 years of active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the National Defense Service Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal with 1st Oak Leaf Cluster, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Vietnam Service Medal with three bronze service stars, Air Medal, Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
4. A review of his official records failed to show any evidence the applicant was wounded or injured as a result of enemy action or any record of treatment for such wounds. Additionally, his name is not listed on the Vietnam casualty listing.
5. Army Regulation 600-8-22 (Military Awards) states 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. While the sincerity of the applicant's claim that he was wounded in action in Cambodia is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application that such was the case.
2. In the absence of evidence to show he was wounded as a result of enemy action and that treatment for such wound(s) was made a matter of record, there appears to be no basis to award him the Purple Heart at this time.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20120018231
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ABCMR Record of Proceedings (cont) AR20120018231
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