BOARD DATE: 24 October 2014
DOCKET NUMBER: AR20130005343
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 (PH).
2. The applicant states he would like his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect the PH. An injury was sustained to his left hand during action in Vietnam. He was treated at a field hospital and thought he was informed at the time the PH had been processed. Certain Federal and State Veteran benefits would be available if he was awarded the PH.
3. The applicant provides:
* DD Form 214
* Self-authored letter
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 7 February 1969. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. Item 38 (Record of Assignment) of the applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) with Company B, 2nd Battalion, 12th Infantry, 25th Infantry Division (ID) from 31 July 1969 to 14 February 1970.
4. Item 40 (Wounds) of his DA Form 20 is blank and Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the PH.
5. The applicants records contained a copy of a Western Union telegram which notified his parents that he was injured in action in the RVN on 28 December 1969 while on a combat operation. He received an injury to the index finger of the left hand while setting up a mine which accidentally detonated.
6. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the PH pertaining to the applicant.
7. The applicant's name is not listed on the Army Vietnam casualty roster.
8. The applicants DD Form 214 shows he was honorably released from active duty on 24 December 1970.
9. Army Regulation 600-8-22 (Military Awards) states the PH 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 records.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to be awarded the PH was carefully considered and determined to lack sufficient evidence to support this request.
2. Award of the PH requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by the medical personnel, and the medical treatment must have been made a matter of official record.
3. The applicants name is not listed on the Vietnam casualty roster and the Western Union telegram shows he sustained an injury to his left hand while on a combat operation, but as a result of non-hostile action. Therefore, the evidence is not sufficient to support award of the PH.
4. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20130005343
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ABCMR Record of Proceedings (cont) AR20130005343
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