BOARD DATE: 16 April 2013
DOCKET NUMBER: AR20120018273
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 that he be awarded two awards of the Purple Heart.
2. The applicant states, in effect, that he was shot in the chest and after he was returned to combat a limb fell on him during a mortar attack and broke his left shoulder and arm.
3. The applicant provides a one-page letter explaining his application.
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 was inducted on 22 June 1967. He completed basic training at Fort Leonard Wood, Missouri and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 22 November 1967.
3. He was initially assigned to Company B, 1st Battalion, 5th Cavalry Regiment, Vietnam for duty as a rifleman and on 4 March 1968 he was assigned to the 15th Administration Company, 1st Cavalry Division for duty as a wheel vehicle mechanic. On 5 July 1968, he was assigned to the 33rd Ordnance Company, Vietnam for duty as an ammunition storage specialist.
4. He departed Vietnam on 15 November 1968 and he was transferred to Fort Hood, Texas for duty as a track vehicle mechanic. He remained at Fort Hood until he was honorably released from active duty (REFRAD) on 20 June 1969 due to the expiration of his term of service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.
5. A review of his official records failed to show evidence of the applicant being wounded as a result of enemy action or any treatment for such wounds being made a matter of record. Additionally, his name is not contained on the Vietnam Casualty Listing.
6. 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 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. While the sincerity of the applicants claim that he was wounded in action in Vietnam is not in doubt, he has failed to show through the available records and documents submitted with his application sufficient evidence to substantiate his claim.
2. Therefore, in the absence of evidence to show that he was wounded as a result of enemy action and that medical treatment for that wound was made a matter of record there appears to be no basis to award him the Purple Heart.
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 that 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 to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. 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) AR20120018273
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ABCMR Record of Proceedings (cont) AR20120018273
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