IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130005771
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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.
2. The applicant states he believes he should have been awarded the Purple Heart for his combat service in Vietnam.
3. The applicant provides copies of his DD Form 214, Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim), and supporting statements from a former member of his unit in Vietnam.
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 in Des Moines, Iowa, on 20 April 1970. He completed basic training and advanced individual training as a light weapons infantryman at Fort Lewis, Washington, and was transferred to Vietnam on 13 September 1970.
3. He was assigned to Company D, 1st Battalion, 501st Infantry Regiment, for duty as a rifleman. He was advanced to pay grade E-4 on 15 December 1970.
4. He was awarded the Bronze Star Medal for meritorious service and he was awarded the Air Medal and the Army Commendation Medal for meritorious achievement.
5. He departed Vietnam on 8 September 1971 for assignment to Fort Ord, California, where he remained until he was honorably released from active duty on 10 December 1971 to attend school. He completed 1 year, 7 months, and 21 days of active service.
6. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Air Medal, Army Commendation Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.
7. A review of his official records failed to show any indication that he was wounded in action in Vietnam or that treatment for any such wounds was made a matter of record. Additionally, his name is not shown in the Vietnam casualty listing.
8. The supporting statement from a former member of his unit who is now an attorney indicates that he witnessed the applicant being struck in the back with shrapnel on or about 7 March 1971 and contends that the applicant was treated at the scene.
9. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or 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 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 applicant's claim that he was wounded in Vietnam is not in doubt, there is insufficient evidence to show he qualifies for award of the Purple Heart.
2. There is insufficient evidence to show he was treated for a combat-related wound/injury as a result of hostile action and that treatment for his wound/injury was made a matter of record.
3. Therefore, in the absence of such evidence there appears to be no basis to grant the applicant's request for award of the Purple Heart and correction of his DD Form 214 to show this award.
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 the United States during the Vietnam War. 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) AR20130005771
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ABCMR Record of Proceedings (cont) AR20130005771
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