IN THE CASE OF:	  

		BOARD DATE:  17 October 2013

		DOCKET NUMBER:  AR20130003447 


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, in effect, award of the Purple Heart and the Combat Action Badge.

2.  The applicant states:

* The Department of Veterans Affairs (VA) told him he should "put in" for the Combat Action Badge
* He was the head medic of the 2nd Battalion, 14th Infantry, 25th Infantry Division
* His unit was ambushed and he received burns to his face, arms, and chest
* It was his job to report to higher command any wounded and he did not report himself as one of the wounded
* As a Vietnam medic he treated many wounds, loss of limbs, etc.
* His minor wound/burn seemed insignificant at the time
* There are no medical records because he did not turn himself in as wounded
* He has a visible scar on his chest and letters to home telling of the ambush and booby traps
* He is not looking for past payment, but he does believe he is entitled to the Purple Heart
* He is getting older and he would like his children to have that to which he is entitled


3.  The applicant provides:

* An envelope and letter, dated 13 November 1969
* An envelope and letter, dated 1 November 1969
* Five pages from VA File Number 442526414

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 on 21 March 1968.  He completed training as a medical specialist.

3.  He arrived in Vietnam on 25 May 1969 and he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry, 25th Infantry Division.  He departed Vietnam en-route to the United States (U.S.) on 2 December 1969.

4.  On 4 December 1969, the applicant was honorably released from active duty due to hardship and he was assigned 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) shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal

5.  Review of the applicant's Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), does not contain any documents that show he was ever wounded/injured as a result of hostile action by enemy forces.

6.  Review of the Vietnam Casualty listing does not show the applicant's name as a battle casualty.

7.  The applicant provides copies of letters to family members and VA File Number 442526414 stating:

* He received burns that were not serious
* His burns didn't even make blisters
* He would have been awarded a Purple Heart; however, he did not put  himself in for one
* He received chemical burns on both arms and his face when he went to help "the men" from smoke grenades that went off after hitting booby traps

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  The requirements for award of the Combat Action Badge are branch and Military Occupational Specialty immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area.  The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized.  The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement.  The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  Although he states he was wounded while he was in Vietnam, there is no evidence contained in his AMHRR showing he was wounded as a result of hostile action by enemy forces.  In the letters he provided he states that he received burns to his face, arms, and chest; however, he also states that his wounds were insignificant.  There is no evidence in his record showing that he was ever medically treated for wounds he received while he was in Vietnam.
3.  In accordance with the applicable regulation, 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.  Based on the available evidence, he is not authorized the Purple Heart.

4.  The Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  The applicant served during the Vietnam era.  He is not authorized the Combat Action Badge.

5.  In view of the foregoing, the applicant's requests 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 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)                                         AR20130003447



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ABCMR Record of Proceedings (cont)                                         AR20130003447



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