IN THE CASE OF:
BOARD DATE: 24 October 2013
DOCKET NUMBER: AR20130004078
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart for injuries he sustained in Vietnam and Cambodia.
2. The applicant states that his armored personnel carrier (APC) became entangled in foliage and he could not see where he was driving. When he opened the turret of his vehicle, he was severely cut on his left arm by a Viet Cong. One of his crewmembers handed him a pistol and he shot the Viet Cong off his APC. An Army of the Republic of Vietnam medic sewed his wound.
3. On three different occasions, his tank was mined or under mortar fire. The applicant states he had shrapnel removed from his body. The operations were performed by the Department of Veterans Affairs (VA) hospitals in Memphis, TN, and Jackson, MS. The applicant further states treatment of his wounds should be in his military medical records.
4. The applicant provides:
* self-authored statement
* self-authored statement, subject: Specifics of Effects of Vietnam Experience Related to Post-Traumatic Stress Disorder (PTSD)
* spouse's statement, subject: Statements Regarding How Claimed Disabilities Have Affected Me
* letter of support
* DD Form 47 (Record of Induction)
* Army Commendation Medal with "V" Device Citation
* excerpt from The Blackhorse magazine
* two photographs showing a scar on his arm
* seven photographs of him in the field
* three documents from the VA
* Military Assistance Command Vietnam Form 270 (Malaria Debriefing)
* medical documents from Wren Laser and Skin Care Center
* medical document from D-PATH Dermatopathology
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 19 August 1969. He successfully completed training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).
3. The applicant arrived in Vietnam on 31 January 1970 and he was assigned to Troop B, 1st Squadron, 11th Armored Cavalry Regiment, on 2 February 1970. On 12 February 1971, he was reassigned to Headquarters and Headquarters Troop, 3rd Squadron, 17th Cavalry Regiment.
4. On 20 March 1971, the applicant departed Vietnam. He was honorably released from active duty as an overseas returnee on 24 March 1971 after completing 1 year, 7 months, and 6 days of creditable active service.
5. The applicant's DD Form 214 does not show he was awarded Purple Heart.
6. Item 39 (Identifying Body Marks, Scars, Tattoos) of the applicant's Standard Form 88 (Report of Medical Examination), dated 24 March 1971, shows no abnormalities.
7. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded in action and item 41 (Awards and Decorations) does not show award of the Purple Heart.
8. The applicant's complete military medical records are not available for review.
9. There are no general orders in the applicant's service personnel records that show he was awarded the Purple Heart. There also is no evidence in his service personnel records that shows he was wounded in action or treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam casualty roster.
10. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders awarding the applicant the Purple Heart.
11. The applicant provided two photographs that show a scar on his arm.
12. The applicant provides an undated self-authored statement in which he states he was injured in Vietnam and Cambodia on the following dates:
* 25 January 1970, he was wounded by shrapnel after his tank hit a mine
* 8 June 1970, he sustained a head injury when his APC hit a mine
* 16 June 1970, he sustained a 6-inch laceration to his arm by a Viet Cong
* 19 June 1970, he was wounded by shrapnel after a mortar attack
13. The applicant provided a citation for award of the Army Commendation Medal with "V" Device that states the commander of his vehicle was hit by shrapnel on 19 June 1970. The applicant jumped from the vehicle to get a medic and was knocked from his feet by the blast of incoming rounds. After he brought a medic back to his vehicle, he continued to fire with a machine gun until the contact was over.
14. The applicant provided a VA letter, dated 30 July 1971, which shows he was awarded 10-percent disability for malaria. He was not granted service- connected disability for his left forearm.
15. The applicant provided statements from his spouse and a fellow associate who state the applicant suffers from many ailments due to his military service.
16. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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 medical treatment, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for award of the Purple Heart was carefully considered; however, there is insufficient evidence to support his request.
2. The applicant provided several medical documents and photographs of his arm. Unfortunately, there is no evidence in the available records and he has not provided any evidence that shows his injury was the direct result of hostile action.
Although he contends, in part, that he sustained a 6-inch laceration to his arm as a result of enemy action, his separation physical does not note any scars.
3. 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.
4. The applicant's records contain no medical treatment records or other documents that confirm he was wounded as a result of enemy action or treated for a combat-related wound or injury while serving in Vietnam or Cambodia. As a result, 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:
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 our Nation. 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) AR20130004078
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ABCMR Record of Proceedings (cont) AR20130004078
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