IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20130000790
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 correction of his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam (RVN).
2. The applicant states he never received the Purple Heart.
3. The applicant provides copies of:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Email from a former Soldier, dated 26 December 2012
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. On 16 September 1966, the applicant was inducted into the Army of the United States.
3. On 13 January 1968, the applicant was assigned to B Battery, 2nd Battalion, 17th Artillery, in the RVN with duty as a cannoneer/assistant gunner/gunner/chief of section.
4. On or about 5 September 1968, he departed the RVN for the United States.
5. On 6 September 1968, the applicant was released from active duty. He had completed 1 year, 11 months, and 20 days of creditable active service.
6. The applicant's DD Form 214 indicates that his awards are:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
7. The applicants name is not listed on the Vietnam Casualty Roster.
8. Item 40 (Wounds) of the applicants DA Form 20 (Enlisted Qualification Record) is blank.
9. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command.
10. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.
11. The email from a former Soldier, provided by the applicant, essentially states the applicant was wounded by shrapnel during an enemy attack. However, he declined medical treatment at the time and subsequently put off such treatment. Eventually, his wounds were "OK."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show award of the Purple Heart for wounds received in the RVN.
2. There are no available general orders in ADCARS showing the applicant was awarded the Purple Heart. The applicant's name is not listed on the Vietnam Casualty Roster.
3. The email provided by the applicant states he was wounded by enemy shrapnel during an attack but that his wounds never required medical treatment and healed over time. Award of the Purple Heart requires that the wound need and receive medical treatment and that the medical treatment be made a matter of official record. The applicant's wound did not require such treatment.
4. In view of the above, the applicant's request should be denied.
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 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) AR20130000790
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130000790
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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